Chapter-1_Unit-2.pdf

Unit 2 Legal Lesson 1 Criminal Justice System and Components Lesson Goal You will be able to work within the larger criminal justice system by understanding your important role. Think About This Given what we have discussed so far, you may think that you will interact only with inmates and...

Unit 2 Legal Lesson 1 Criminal Justice System and Components Lesson Goal You will be able to work within the larger criminal justice system by understanding your important role. Think About This Given what we have discussed so far, you may think that you will interact only with inmates and fel- low correctional officers throughout your career. The truth is that you will also be interacting with members of law enforcement and the courts. You may work with law enforcement to transport an inmate, or be called to court to testify about a crime committed in your facility. For these reasons and others, it is important that you understand the criminal justice system as a whole, as well as how corrections and a correctional officer fit into that system. Structure of the U.S. Criminal Justice System ✅ CO121.1. Know the role of the correctional officer as it relates to the criminal justice system A correctional officer is part of a large, complex, interrelated group known as the criminal justice system. Correctional officers play an important role in the criminal justice system and interact regu- larly with other components. An officer’s ability to interact effectively within the organizational network directly affects the officer’s job performance. The correctional officer is responsible for the care, custody, and control of inmates in a municipal or county jail, state correctional institu- tion, or similar form of secure supervision. ✅ CO121.2. Know the major components of the U.S. criminal justice system Criminal justice refers to the structures, functions, and decision-making processes of those agen- cies that deal with the management and control of crime and criminal offenders. The three main components of the criminal justice system are law enforcement, the court system, and corrections. Law enforcement, as its name implies, is responsible for enforcing and maintaining civil order. The court system is responsible for the interpretation of federal and state laws. Corrections is the part of the system responsible for enforcing penalties as defined by the court system and for the care, custody, and control of inmates and pretrial detainees. Chapter 1 Introduction to Corrections / 17 Law Enforcement Agencies There are four levels of law enforcement agencies within the United States: local or municipal, county, state, and federal (U.S. government agencies). ✅ CO121.3. Know the basic types of U.S. law enforcement agencies Local or municipal law enforcement agencies enforce the ordinances of the municipality as well as state laws within the jurisdiction of the agency. Examples of local law enforcement agencies are city police departments and public safety departments. The job of county law enforcement agencies is to enforce county ordinances and state laws within the county. Traditionally, they also handle unincorporated areas, the county jail, and civil process- ing. A sheriff’s office is an example of a county law enforcement agency. State law enforcement agencies are responsible for enforcing state laws within the state. Examples of state law enforcement agencies include FDLE, the Florida Highway Patrol, and the Florida Fish and Wildlife Conservation Commission. Federal law enforcement agencies enforce federal laws across state lines and within the states. Examples of federal law enforcement agencies include the Federal Bureau of Investigation, the U.S. Marshals Service, and the U.S. Immigration and Customs Enforcement. The Court System ✅ CO121.4. Know the structure and duties of the U.S. and Florida court systems The judicial system directly affects the inmates a correctional officer supervises. The court system in the United States includes county, state, and federal courts. State judges in Florida are elected or appointed by the governor, while the president appoints federal judges. The federal courts are the highest courts in the United States and generally take precedence over the state courts. There are courts of general jurisdiction and limited jurisdiction. Jurisdiction means the types of cases in which the court can make decisions. Federal courts hear only cases that are violations of federal laws, including constitutional violations. State courts hear cases involving violations of state law. Courts of limited jurisdiction decide only a limited set of case types. Florida State Court System The state court system in Florida is made up of four levels: The 67 county courts in Florida have limited jurisdiction and handle the following legal issues: minor criminal offenses (misdemeanors), which provide a maximum sentence of one year or less in the county jail county and municipal ordinance violations, including traffic infractions (some counties use hearing officers for these cases) 18 / Florida Basic Recruit Training Program (CO): Volume 1  civil cases involving amounts of $50,000 or less and small claims disputes (less than $8,000) issuance of search and arrest warrants within the county The 20 circuit courts in Florida handle the following legal issues: domestic relations cases, such as dissolution of marriage (divorce), guardianship, and juvenile delinquency major criminal offenses (felonies), which can result in imprisonment in a state correctional institution probate matters, such as the processing of wills and settling of the estates of deceased persons civil cases involving amounts greater than $50,000 Baker Act and Marchman Act cases issuance of search and arrest warrants within the circuit appeals from county court judgments, except when a state statute or provision of the state constitution is held invalid The five district courts of appeal (DCA) in Florida decide appeals from circuit courts in most crimi- nal and civil cases. The Florida Supreme Court, which consists of seven justices who are appointed by the governor, is the highest court in the state. The supreme court hears cases such as final orders that impose death sentences and appeals from lower state courts. U.S. Federal Court System U.S. District Courts are the federal trial courts presided over by U.S. district judges, who are assisted by magistrates. Magistrates are appointed by district judges and issue warrants, make pretrial motions, and preside over some civil cases, misdemeanor trials, petty cases, and preliminary hearings. The scope of the federal judiciary system includes all federal codes (criminal, civil, and administra- tive) in all 50 states, U.S. territories, and the District of Columbia. The U.S. Courts of Appeal (formerly known as the Circuit Courts of Appeals) make decisions on appeals from lower federal courts that are subject to review in the U.S. Supreme Court. The U.S. Supreme Court is the highest court in the United States and the chief authority in the judicial branch, one of three branches of the U.S. federal government. The Court hears appeals from the decisions of lower federal courts and state supreme courts and resolves issues of consti- tutional and federal law. It stands as the ultimate authority in constitutional interpretation, and its decisions can be changed only by a constitutional amendment. Chapter 1 Introduction to Corrections / 19 The Supreme Court’s most important responsibility is to decide cases that raise questions of consti- tutional interpretation. The Court decides if a law or government action violates the Constitution. This power, known as judicial review, enables the Court to invalidate both federal and state laws when they conflict with its interpretation of the Constitution. The Correctional System ✅ CO121.5. Understand the function of the correctional system The corrections system in the U.S. has institutions at the local or municipal, county, state, and federal level. A general overview of the corrections system in Florida includes the following components: federal and state prisons; county jails; county and municipal holding facilities; treatment and evalu- ation centers; and probation, parole, and community control. ✅ CO121.6. Know the components of the correctional system in Florida Federal and state prisons are correctional institutions maintained by the federal and state govern- ments for the confinement of convicted felons. County jails are used for in-processing and temporary detention of defendants awaiting trial or disposition on federal or state charges and of convicted offenders sentenced to short-term deten- tion (a year or less). County jails may also hold convicted felons returned from prison for court appearances. County and municipal holding facilities provide a place for detainees to stay while booking proce- dures are completed or until transported to a county jail. Treatment and evaluation centers are designed to meet the special needs of particular offenders. Treatment centers deal with offenders who misuse substances or are mentally ill. In addition to general processing procedures, various testing (such as, medical, mental, educational aptitude) is performed at these facilities. Probation, parole, and community control are parts of a community-based correctional system. Their purpose is to supervise the enforcement of specific restrictions on people who have received an alternative to incarceration. Probation is a court-ordered sentence that places a person under the supervision of a probation officer under specified court-ordered terms and conditions. Parole is the release of an inmate from a correctional institution before the inmate’s court-imposed sentence ends. Community control (house arrest) is a form of closely monitored community supervision and is more restrictive than probation or parole. Juvenile assessment/detention centers are where juvenile suspects are taken for processing and possible pretrial detention. 20 / Florida Basic Recruit Training Program (CO): Volume 1 The Florida Department of Corrections The Florida Department of Corrections is Florida’s largest state agency. The department adminis- ters state prisons and state probation in Florida. It employs correctional officers and correctional probation officers to provide security for and to supervise inmates and offenders. The department has two main divisions overseeing inmates and offenders: the Office of Institu- tions and the Office of Community Corrections. The Office of Institutions manages facilities where inmates reside while the Office of Community Corrections oversees supervision programs, includ- ing probation and community control. Chapter 1 Introduction to Corrections / 21  Unit 2 Legal Lesson 2 Constitutional Rights Lesson Goal You will be able to make decisions and act appropriately based on the guidance of the U.S. Constitution. Think About This An officer attempts to make a random search of an inmate’s cell, but the inmate yells at the of- ficer, “You can’t search my cell! You have no proof I’ve got anything illegal in here! You can’t search whenever you want!” The officer counters, “The officers here can search your cell whenever it is deemed necessary. We do not need probable cause.” Who is right in this situation? Bill of Rights According to the U.S. Constitution, all people stand equal before the law and therefore share certain rights. Many of these rights, such as freedom of speech, protection against unreasonable searches and seizures, and prohibition of cruel and unusual punishment, are described in the first 10 amendments to the U.S. Constitution and together are known as the Bill of Rights. ✅ CO122.1. Understand the role of the amendments to the U.S. Constitution and the Bill of Rights in relation to corrections Although many of these amendments focus on the courts and legislation, some, such as the First, Fourth, Fifth, Sixth, and Eighth Amendments, are of particular importance to correctional officers. The First Amendment protects freedom of speech, of the press, and of religion, and the right to peacefully assemble. In a correctional setting, the First Amendment is limited to access to religious practice and the press. An example of this limitation is that while inmates cannot assemble and protest, they can maintain the right to express their reli- gious beliefs and communicate with the press. The Fourth Amendment prohibits unreasonable search and seizure. The purpose of this amendment is to protect people from governmental intrusion in areas where they have a reasonable expectation of privacy. For example, to search a home, a law enforcement officer needs a search warrant signed by a judge. However, in a correctional setting, there is a diminished expectation of privacy, and there is no general requirement for a search warrant. The Fifth Amendment is best known for prohibiting self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of 22 / Florida Basic Recruit Training Program (CO): Volume 1  life, liberty, or property without due process of law. Due process of law generally requires a notice and hearing. The Sixth Amendment guarantees the right to a speedy and public trial, to counsel, to an impartial jury, to be informed of the nature of the charges, and to confront witnesses. It is important to understand that the access to legal counsel in a correctional setting falls within the Sixth Amendment. The Eighth Amendment prohibits excessive bails and fines, and cruel and unusual punish- ment. This amendment plays a critical role in the care, custody, and control of inmates. Excessive use of force or withholding meals is prohibited under this amendment. The Bill of Rights was originally intended to restrict actions of the federal government only. The Fourteenth Amendment expanded the application of the Bill of Rights to state and local govern- ments as well. Search and Seizure ✅ CO122.2. Know what a search is and how it relates to corrections The Fourth Amendment to the Constitution protects people from governmental intrusion. A search may be defined as governmental intrusion into a place where a person has a reasonable expecta- tion of privacy. In a correctional setting, a search occurs to seek out and discover evidence and contraband in the possession of an inmate. Contraband is any unauthorized article or any autho- rized article in excessive quantities or altered from its intended purpose. ✅ CO122.3. Know what probable cause is and how it relates to corrections An officer working in a correctional facility does not require probable cause to search an inmate. Probable cause is a fair probability or reasonable grounds to believe that a crime was committed based on the totality of the circumstances (all the factors known at the time). ✅ CO122.4. Know what seizure is and how it relates to corrections Seizure is the act of taking possession of contraband or evidence for a violation of rule or law. Inmates have less of an expectation of privacy in a correctional setting due to the compelling inter- est to maintain order in the correctional system. When a correctional officer finds evidence or contraband during a search in a correctional setting, the officer has the duty to seize it. ✅ CO122.5. Know the types of searches used for visitors entering and exiting a correctional setting Safety and security needs of a correctional facility include searching people entering the facility. Types of searches may include a pat search, canine, drug, body scan, and metal detector. Unlike inmates, visitors have the right to refuse a search; however, refusal may result in denial or termi- nation of current or future visits. Chapter 1 Introduction to Corrections / 23 Application of Miranda ✅ CO122.6. Understand how and when a Miranda warning is issued in a correctional setting A Miranda warning provides the protections of the Fifth Amendment right against self-incrimination when a suspect in custody is interrogated in a criminal investigation. Though a correctional officer is not a law enforcement officer and therefore does not issue a Miranda warning, Miranda still applies to inmates in a correctional setting. If a crime occurs within a correctional facility, interroga- tion of the individual should be completed by either a law enforcement officer or prison inspector. A correctional officer may encounter information regarding an ongoing criminal case that occurred outside the facility. This may occur in a jail setting during the intake process or when inmates are awaiting trial. You should not ask inmates about the circumstances under which they are charged. However, you have a duty to report information concerning criminal acts. If an inmate provides information regarding facts of a criminal case, you must document this information in accordance with your agency’s policies and procedures. 24 / Florida Basic Recruit Training Program (CO): Volume 1  Unit 2 Legal Lesson 3 Inmate Rights Lesson Goal You will be able to respect and protect inmates through your actions. Think About This Many people believe that once a person has been sentenced to prison or jail, the person loses all rights. This is not the case; inmates do retain some rights. If these rights are violated, it could cause harm to the inmates and staff, as well as open up the facility and governing body to lawsuits. For these reasons, you should understand which rights inmates have and how you can help protect those rights, while continuing to ensure the safety and security of the facility. Rights Retained by Inmates ✅ CO123.1. Know which rights inmates retain within a facility Inmates retain certain rights; however, in the correctional setting, inmates’ rights are restricted because of the need for safety and security of the facility. Some of the retained rights include freedom from excessive punishments; access to courts; legal counsel, including help from other inmates in preparation of writs, petitions, and other legal papers; and access to an adequate law library. Inmates also have the right to freedom of expression, freedom from overcrowded condi- tions, freedom from unreasonable search and seizure, and freedom to worship and exercise religious beliefs. In addition, inmates have the right to exercise and fresh air; adequate medical treatment; correspondence through sending and receiving mail, including correspondence with the courts; and food that meets minimum nutritional standards. Health Insurance Portability and Accountability Act (HIPAA) The federal Health Insurance Portability and Accountability Act (HIPAA) sets privacy standards that make it a violation to knowingly disclose the protected health information of inmates and detainees. Correctional officers and staff who knowingly violate this HIPAA restriction may be fined, impris- oned, or administratively disciplined. ✅ CO123.2. Understand how the requirements of the Health Insurance Portability and Accountability Act operate in a correctional setting HIPAA requires that a correctional institution reasonably safeguard an inmate’s health informa- tion to limit incidental uses or disclosures, unless there is a health, safety, or security need. See s. 456.057, F.S. Chapter 1 Introduction to Corrections / 25 Inmate health information is confidential and may be shared only with people who have a need and right to know. You are prohibited from asking for inmate health information unless it is pertinent to your job or necessary to protect yourself or others or to assign work. For example, if an inmate has a contagious disease, such as tuberculosis, a transport officer needs to know so the officer can get the right personal protective equipment and take extra precautions. An inmate with diabetes may need a special meal and possibly a snack during work detail. The health information that is disclosed to an officer will be limited to a particular incident or health and safety issue. You will not be given complete inmate health information; however, relevant infor- mation for precautionary measures will be available. For example, a correctional officer injured after a fight with an inmate can receive information regarding the inmate’s bloodborne pathogens or transmittable disease status. The officer can be told if the inmate has HIV, hepatitis, or other communicable diseases. However, the officer will not know if the inmate has high blood pressure. Prison Rape Elimination Act (PREA) ✅ CO123.3. Know how PREA relates to your duties Congress enacted the Prison Rape Elimination Act (PREA) to address the problem of sexual abuse of people in the custody of U.S. federal, state, or local correctional agencies; it was created to develop and implement national standards for the detection, prevention, reduction, and punish- ment of prison rape. The purpose of PREA is to make rape prevention and awareness in a correc- tional setting a top priority. There is a zero-tolerance standard for the incidence of rape in correctional facilities. PREA estab- lishes policy or procedures for increasing the accountability of officials who fail to detect, prevent, reduce, and punish prison rape and protects the Eighth Amendment rights of federal, state, and local prisoners. The increase of available data and information on the incidence of prison rape as a result of PREA improves the management and administration of correctional facilities. L Treat all allegations of prison rape seriously and take appropriate action when a com- plaint is made. Privileged Communication Although there is no expectation of privacy in a correctional facility, some relationships are considered protected, such as between an inmate and an attorney. This is considered privileged communication. ✅ CO123.4. Understand inmates’ rights to privileged communication Inmates maintain the right to certain confidential or privileged communication. The attorney-client privilege is based on the inmate’s Sixth Amendment right to counsel. Attorney-client phone conver- 26 / Florida Basic Recruit Training Program (CO): Volume 1 sations may not be recorded, visits do not have to conform to normal visiting hours, and visits may be within the sight of the officer but out of hearing. Other types of communication generally considered privileged outside of a correctional facility may have a diminished expectation of privacy and may be recorded for safety and security concerns in a correctional setting. Chapter 1 Introduction to Corrections / 27  Unit 2 Legal Lesson 4 Legal Issues With Contraband Lesson Goal You will be able to recognize contraband and react to it appropriately. Think About This Contraband in a correctional facility is often hard to define. Is a bed sheet contraband? Is a fork contraband? Are clothes contraband? The short and confusing answer is, “It depends.” This les- son will explain how to tell the difference and what your legal responsibilities are in relation to contraband. You may recall from earlier that contraband is any unauthorized article or any authorized article in excessive quantities or altered from its intended purpose. Contraband may include anything, no matter how harmless it may appear. Contraband may be hidden in plain sight. In certain situa- tions, bed sheets, forks, and clothes are perfectly fine for inmates to possess. In other situations, they are considered contraband. ✅ CO124.1. Understand why contraband is a problem The presence of contraband in correctional facilities is an ongoing problem in prison systems world- wide. Contraband places everyone in danger, including prison staff; the public; and the inmates who are trying to stay out of trouble, do their time, and go home. Contraband has the potential to increase violence, to increase crime, and to provide wealth and power to inmates. For example, inmates can use cell phones to help smuggle in drugs and weapons, organize attempts to escape, and order crimes to be committed inside or outside of correctional facilities. ✅ CO124.2. Know what items are regarded as contraband Items identified as contraband in correctional facilities in ss. 944.47 and 951.22, F.S., include currency or coins, tobacco products, controlled substances, non-prescribed drugs of any kind or nature, articles of food or clothing that have been altered or are in excessive quantity, firearms or danger- ous weapons, cell phones or portable communication devices, or any items used to aid or make an escape. The purpose of limiting items in a correctional facility is to maintain internal order, security, and discipline. ✅ CO124.3. Know how the Florida Model Jail Standards address managing contraband Section 951.22, F.S., along with the Florida Model Jail Standards (FMJS), provides authority to county facilities to establish policies and procedures relating to contraband. The FMJS provide for a facility’s officer in charge to list articles or items that inmates are allowed to have. All other items 28 / Florida Basic Recruit Training Program (CO): Volume 1 they have are considered contraband. A facility’s inmate handbook generally includes information about acceptable items. ✅ CO124.4. Understand how contraband is brought into or removed from a facility The introduction of contraband is the introduction, taking, or sending of articles defined as contra- band into a correctional facility; it is a felony crime as defined by s. 944.47, F.S. The attempted introduction of contraband is also punishable under this statute. Be aware that anyone may introduce contraband into a facility. This may include attorneys, visi- tors, contractors, and even staff. Other law enforcement agencies may also introduce contraband either intentionally or inadvertently into a facility, for example, during intake or while responding to the death of an inmate. ✅ CO124.5. Dispose of contraband properly Confiscated contraband may be destroyed, converted, or reused, according to ss. 932.704 and 932.7055, F.S. Depending on your agency’s policies and procedures, contraband may be destroyed by flushing, incinerating, or compacting. Consumable items, such as food, drink, or any item that may be tampered with, should be destroyed. Certain items may be converted for inmate trust funds or charity as designated by the agency. Reusable items are only non-consumable items issued by the facility that may be returned to supply, for example, linens, clothing, books, pens, or mail supplies. The disposition of contraband must be documented. Contraband may also be designated as evidence and require holding for use in a disciplinary hear- ing or criminal case. Chapter 1 Introduction to Corrections / 29  Unit 2 Legal Lesson 5 Criminal Acts Lesson Goal You will be able to recognize and identify different crimes that may be committed in a cor- rectional facility and the proper way to handle any evidence. Think About This When you work in a jail, prison, or other correctional setting, you deal with people who have been accused or convicted of committing a crime. Some of these people go on to commit new crimes within the facility. Since you are likely to encounter these situations in your job, you need to know how facilities handle them. This lesson introduces basic terms related to criminal offenses and how to handle evidence from crimes committed within a correctional facility. Categories and Classes of Offenses ✅ CO125.1. Know the categories and classes of offenses A criminal act is a violation of the law. In Florida, a crime is designated as either a felony or a misde- meanor, according to s. 775.08, F.S. A felony is any criminal offense punishable under Florida law by death or imprisonment in a state facility for more than one year. Felonies are classified into five degrees, based on the severity of the offense. A misdemeanor is any criminal offense punish- able under Florida law by imprisonment for less than one year in a county correctional facility. It is possible for an inmate to spend an extended term of more than one year in a county facility if they receive consecutive sentences (two or more sentences in a row) for multiple charges. All laws still apply in a correctional facility; therefore, while in prison or jail, an inmate who commits a crime may be charged with another crime. A correctional officer should be able to determine when a crime has been committed, and be able to distinguish a crime from a rule violation. Officers should protect themselves, inmates, staff, and visitors from harm and violations. ✅ CO125.2. Know the common crimes committed by inmates in a correctional setting Some common crimes committed in a correctional setting include petit theft, dealing in stolen prop- erty, assault, battery, sexual battery, battery on a facility employee, drug-related crimes, criminal mischief, arson, possession of contraband, introduction of contraband into a correctional facility, escape, lewd and lascivious behavior, bribery, security threat group (STG)-related crimes, gambling, vandalism, loan sharking, or homicide. 30 / Florida Basic Recruit Training Program (CO): Volume 1 Note that the crime of assault or battery on a facility employee who is performing their duties reclassifies the offense to a more severe degree, thus carrying a greater penalty. Battery against a correctional facility employee includes the suspect intentionally touching, striking, or attempting to touch or strike the victim by throwing, tossing, or expelling blood, saliva, chewed food, seminal fluid, urine, or feces at the victim, to harass, annoy, threaten, or alarm the victim. ✅ CO125.3. Know the common crimes committed by staff and visitors in a correctional setting Examples of common staff and visitor criminal acts include the introduction of contraband, sexual misconduct, and bribery. Elements of Crimes ✅ CO125.4. Understand the elements of crimes Two basic elements, or components, are necessary to convict a person of a crime: proof that a crime has been committed proof the person being charged committed the crime Generally, to prove that a person committed a crime, the prosecution must show that the person committed an act specifically prohibited by law. The prosecution must also show that the person who committed the act at the time did so knowingly or intentionally. By purposely doing what the law declares to be a crime, the person demonstrates criminal intent, an important legal concept. Instrumentalities of a Crime Instrumentalities of a crime may be anything used to commit a crime. Instrumentalities may take many forms, such as body fluids, a homemade weapon, a cell phone, a threatening letter, or a recorded phone call. Often these items become evidence. Fruits of a Crime The fruits of a crime are anything gained or obtained by committing a crime. In a correctional setting, this may often be money and canteen or commissary items. It should be noted that the person who benefits from the crime is not always the subject or suspect who committed the crime. For example, an inmate steals to pay a debt to another inmate. The fruits of a crime can also become evidence. Evidence Evidence is anything that tends to prove or disprove a fact in a judicial case or disciplinary hearing. Chapter 1 Introduction to Corrections / 31 ✅ CO125.5. Know the major types of evidence found in a correctional setting Five types of evidence are usually found in a correctional setting: direct, circumstantial or indirect, physical, testimonial, and documentary. Direct evidence directly proves a fact without inference or assumption. For example, an officer observes a stabbing; or DNA samples connect a suspect to a crime. Circumstantial or indirect evidence is based on an inference, not on personal knowledge through observation, and is presumed to be true. For example, the inmate was searched before a visit and was searched again after an attorney visit, and a cell phone was discov- ered. The officer did not overhear the meeting because of the privileged communication exception; however, the officer can infer that the attorney gave the inmate the cell phone. Physical evidence refers to material objects, such as weapons, drugs, or money. Testimonial evidence is verbal evidence obtained from a witness, victim, or suspect. Documentary evidence is printed or written evidence, such as a call log, written property receipt, letter, or recording. Chain of Custody The chain of custody is the documentation of every person who handled evidence as well as when, why, and what changes, if any, were made to the evidence. Chain of custody documentation is also issued to prove that the evidence submitted in court or at a disciplinary hearing is the same evidence that was collected at the crime scene. The responding officer must take steps to preserve the chain of custody to protect the integrity of the evidence. Items must be documented even if what is collected does not immediately appear to be relevant to the incident. Documentation can be in writing or by video, photograph, or audio. Documentation must be clear and complete for understanding and testimony by another officer or person. ✅ CO125.6. Know the components of the chain of custody in a correctional setting The components of the chain of custody for documentation or preservation are: Who—people involved (inmate, visitor, staff); all people who touched the evidence from the time the situation was identified What—all materials used and secured When—date and time the incident occurred and any time the evidence was handled Where—location from which the evidence was collected, transferred to, or stored 32 / Florida Basic Recruit Training Program (CO): Volume 1  Why—reason the evidence or material was handled How—proper methods for preservation; how evidence is collected is crucial to verifying its integrity and thus its usability in trial or hearing Chapter 1 Introduction to Corrections / 33  Unit 2 Legal Lesson 6 Use of Force Lesson Goal You will be able to decide when and how to use force appropriately and how to avoid using excessive force. Think About This An inmate is refusing to go into his cell at lights out. The officer on duty repeatedly asks the inmate to go into his cell. Eventually, the inmate begins to personally insult the officer and his family. While the inmate has not made any aggressive movements, his voice is steadily rising. How would you handle this situation? Laws for Use of Force Chapters 776 and 944, F.S., govern all use of force by a correctional officer. Officers must refer to their agency’s policies and procedures in use of force situations. ✅ CO126.1. Understand reasonable force and how it is applied in a correctional setting To be considered justified, the use of force must be determined to be reasonable. Reasonable force is the type and amount of force that the officer reasonably believes necessary to overcome resistance. This is based on the totality of circumstances (all the factors known at the time) and the officer’s perception at the time of the event on what force is reasonably required. Resistance may take two forms: resistance to a verbal command and physical resistance. An example of resist- ing a spoken command is an inmate refusing to leave a cell after being commanded by the officer. Physical resistance may take many forms, including spitting or striking. In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment. This means that the use of force is to be judged from the perspective of what a reason- able officer would do under the same circumstances without the benefit of hindsight. The Court clearly considered that officers are often required to make split-second and sometimes deadly decisions in circumstances that are “tense, uncertain, and rapidly evolving.” The Court concluded that the objective reasonableness test is not a precise or clear rule but requires careful review of the facts and circumstances of each case, including the severity of the crime, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting arrest or attempting to evade arrest by flight. 34 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO126.2. Know the questions you will need to answer in any use of force incident The objective reasonableness test requires the officer to answer two questions about the level of force used in any situation: 1) was the action reasonable and necessary, and 2) was the amount of force applied reasonable and necessary? ✅ CO126.3. Know the factors used in the objective reasonableness standard for use of force U.S. Supreme Court case Hudson v. McMillan 503 U.S. 1 (1992) established that intent determines reasonableness in use of force situations in correctional settings. The Court recognized that correc- tional officers have to maintain order and discipline within a correctional setting; however, officers must act in good faith, not for punishment or revenge, to raise a legal defense. Officers acting in a sadistic or malicious manner do not meet the reasonableness standard. Officer’s Duty to Protect Self and Others Correctional officers owe a duty of care to inmates, staff, visitors, and the general public. Officers may be required to act in defense of others in situations where the average person has no duty to intervene. ✅ CO126.4. Know when correctional officers can use force Defense of self or others could include the use of reasonably necessary physical force up to and including deadly force. Section 944.35, F.S., holds the following: (1)(a) An employee of the department [Department of Corrections]is authorized to apply physical force upon an inmate only when and to the extent that it reasonably appears necessary: 1. To defend himself or herself or another against such other imminent use of unlaw- ful force; 2. To prevent a person from escaping from a state correctional institution when the officer reasonably believes that person is lawfully detained in such institution; 3. To prevent damage to property; 4. To quell a disturbance; 5. To overcome physical resistance to a lawful command; or 6. To administer medical treatment only by or under the supervision of a physician or his or her designee and only: a. When treatment is necessary to protect the health of other persons, as in the case of contagious or venereal diseases; or b. When treatment is offered in satisfaction of a duty to protect the inmate against self-inflicted injury or death. Chapter 1 Introduction to Corrections / 35 Statutory Authority for the Use of Force to Prevent Escape Florida law provides for correctional officers to use reasonable force, including deadly force, to prevent the escape of inmates. Section 776.07, F.S., states: A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense. This topic is also addressed in s. 944.35, F.S., for state correctional officers, and s. 944.105, F.S., for private correctional officers. This may include escape from a correctional facility, work squad, hospital, and other areas of extended supervision. An officer must have a reasonable belief that the inmate is escaping. Although you can use deadly force by statutory authority, this does not allow you to disregard your agency’s policies. The amount of force used by a correctional officer must always be reasonable and justifiable. Liabilities and Penalties for Excessive Use of Force When you are justified in using reasonable force, you will be protected from prosecution. However, if the amount of force used is judged to be excessive, you may face criminal, civil, and administra- tive penalties. Criminal, civil, and civil rights charges may be brought at both the state and federal levels depending on the violation. The nature of injuries will also determine the level of the charge. ✅ CO126.5. Know the liabilities and penalties for excessive use of force The liabilities and penalties that are attached to the officer and agency through the use of force can range from written reprimand to job loss or even incarceration. Liabilities Type of Penalties criminal job loss, incarceration civil job loss, payment of monetary damages civil rights job loss, incarceration, payment of monetary damages written reprimand, probation, suspension, job loss, revocation of administrative certification Excessive use of force can also result in negative community reaction and loss of trust in the profession. Liabilities and Penalties for Failure to Report Use of Force You must document all use of force in a timely and clear manner while following your agency’s policies and procedures as well as statute. Section 944.35, F.S., imposes penalties if an officer fails 36 / Florida Basic Recruit Training Program (CO): Volume 1 to document a use of force. If you use, witness, or have reason to believe force was used, you must report the incident. A reportable incident may be as simple as a hand placed on an inmate’s arm. Even if force is completely justifiable, failure to document and report the incident may lead to officer discipline. ✅ CO126.6. Know the liabilities and penalties for failure to report use of force You may be held criminally liable, such as if an inmate dies due to failure to report to the medical center, or civilly liable if you fail to perform a legal duty by inaction. Any person who coerces or threatens another person to alter testimony or a written report where force was used commits a felony. In addition, an officer may suffer administrative discipline from their agency or the CJSTC. Chapter 1 Introduction to Corrections / 37  Unit 2 Legal Lesson 7 Criminal and Civil Liability Lesson Goal You will make decisions and act carefully to avoid liability and its serious results. Think About This Correctional officers may be liable for damages or injuries if they improperly perform a job task or do not perform a job task that an officer reasonably should perform. While officers are open to these kinds of consequences, there are also immunities and defenses in place to protect officers who are acting correctly in the scope of their position. This lesson will discuss the liabilities and defenses that apply to a correctional officer. Liability and Negligence ✅ CO127.1. Understand liabilities in a correctional setting Criminal liability is when an officer is found guilty of committing a crime. Civil liability is respon- sibility for a wrongful act, or the failure to do an act that an officer has a duty to perform, that results in the injury of another person or damages property. Negligence is the failure to use due or reasonable care in a situation where an officer has a duty to act and results in harm to another. For example, an officer is taking a personal phone call while supervising a meal. The officer doesn’t see a fight break out, and an inmate is injured. Because the officer failed the duty to act with reason- able care, the officer and their agency could be held liable for damages caused by the incident. If the officer knew or should have known that an act or failure to act could cause serious bodily injury or death, the officer may be charged with a crime due to “gross” negligence. ✅ CO127.2. Know the elements of negligence The elements of negligence are: a duty to act with care failure to perform that duty proof that the failure caused damages actual damages resulted You have a duty to provide care, custody, and control of inmates while on the job to the best of your ability. Providing such care should be based on training, education, and experience. 38 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO127.3. Know the two main categories of damages that may be awarded in a civil lawsuit Two main categories of damages that may be awarded in a civil suit are compensatory and puni- tive. Compensatory damages are designed to compensate a victim for their injuries, damages, and property loss. The victim is paid for the actual loss (such as lost wages, medical expenses, and property damage). Punitive damages are awarded as a means to deter and punish the defendant for their negligence, recklessness, malice, or deceit and to discourage others from committing the same act. Punitive damages award the victim for pain and suffering or mental anguish. Defendants may be awarded for both compensatory and punitive damages. Civil Rights Violations A civil rights violation is an unlawful interference with the fundamental rights of another person such as the right to due process and equal protection under the law. An example of a possible civil rights violation would be if officers refused to provide something to drink for a week to an inmate in solitary confinement. This may be seen as cruel and unusual punishment, and such an act inten- tionally deprives the person of a constitutional or other civil right. Federal law, 18 U.S.C. § 242, prohibits an officer acting under color of law from violating an inmate’s civil rights. When an officer acts or claims to act in the performance of official duties under any law, ordinance, or regulation, the officer is acting under color of law. ✅ CO127.4. Understand civil liability under federal laws An officer’s use of force is often the basis for civil rights liability. For example, an inmate’s death due to a beating by an officer can result in civil rights violations and a federal criminal investiga- tion under this law. In addition to criminal prosecution, an officer who violates an individual’s civil rights may be sued in federal court under 42 U.S.C. s. 1983. Before imposing liability, the law requires proof that the officer acted under the authority of the employing agency and intentionally violated the inmate’s civil rights. ✅ CO127.5. Know the consequences if you are found civilly or criminally liable The penalties from being found civilly or criminally liable may include administrative discipline, suspension from work, loss of certification and employment, and incarceration. ✅ CO127.6. Understand that your agency may be liable for your acts as a correctional officer An employing agency can be held liable for the wrongful acts of an employee. If a judge or jury decided that the officer committed a civil wrong or violated civil rights as part of their duties, the employing agency is likely to be liable for damages through direct or vicarious liability. Direct liabil- ity here refers to an employing agency’s negligent hiring, assignment, training, or retention of a problem employee. Vicarious liability refers to an agency being found liable even if it is not directly responsible for the injury. For example, an agency may be required to pay damages if an officer is found guilty of sexual harassment. Chapter 1 Introduction to Corrections / 39 Immunities Federal and state laws protect officers acting within the scope of their employment against civil and criminal liability. ✅ CO127.7. Know the legal protections available if you are faced with a potential civil or criminal liability Chapter 111, F.S. Chapter 111, F.S., protects officers charged with civil and criminal actions if those actions occurred within the scope and course of the officer’s employment. Acting within the scope of employment refers to the range of reasonable and foreseeable activities that an officer does while carrying out the agency’s business. If an officer acts outside the scope of employment, they may be held indi- vidually liable. An officer that intentionally violates their agency’s policies and procedures may be regarded as acting outside the scope of employment, but if it is shown that the officer was acting within the scope of employment, the officer will not be held civilly or criminally responsible. Sovereign Immunity ✅ CO127.8. Know the effect of the sovereign immunity law outlined in s. 768.28, F.S., regarding state civil actions Section 768.28, F.S., defines the sovereign immunity law, which is a list of circumstances and requirements that must be met before an agency or any of its employees can be sued in a state civil action, provides one of the most important protections for state and county correctional agen- cies and their employees. It also protects individual officers and agency employees from personal liability and from being named as a defendant in a state lawsuit. This means that unless an officer or employee fails to act or acts with willful or wanton disregard of someone’s rights or property, the officer will not be held liable or named as the defendant. Qualified Immunity ✅ CO127.9. Understand the concept of qualified immunity Qualified immunity protects the officer from personal liability. Agencies may pay for compensatory damages up to a certain amount. The defense of qualified immunity protects “government offi- cials... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). Legal Defenses A number of established defenses are available for an officer to defend against civil or criminal liability. 40 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO127.10. Know the legal defenses that may protect you from civil and criminal liability Acts Done in Good Faith To act in good faith, officers must be faithful to their duty and honestly intend to avoid taking undue advantage of others. Acts done in good faith are without malice, ill will, or the intent to unjustly harm anyone. If you perform your duties correctly, you act in good faith. For example, accidently giving the wrong snack bag to an inmate can be an act done in good faith if you have followed agency policy and performed the appropriate distribution, but the bag was assigned in such a way as to be confusing. Acts Done in a Reasonable Manner Officers must act in a reasonable manner when responding to any incident. Reasonableness involves acting professionally within the law and agency policies and procedures. It can range from perform- ing first aid to knowing what level of force is needed in a given situation. Reasonableness is judged objectively. For example, would a reasonable officer in the same situation have acted the same way? Acts Justified Under the Law Some seemingly offensive officer actions can be justified under the law. This occurs in situations in which case law or statutory law provides a defense for an officer’s actions. For example, chap- ter 776, F.S., states that an officer may use deadly force in self-defense or defense of another from a threat of death or serious physical injury and to prevent escape; chapter 870, F.S., provides for the use of force in riots. Emergency Doctrine When an emergency requires spontaneous action, an officer is not required to use the same degree of judgment and care as acting under non- emergency conditions. This is known as the emer- gency doctrine. An incident requiring an immediate life-or-death decision resulting in the viola- tion of agency policy to protect others from harm or death falls under this doctrine; for example, a facility fire. Limiting Liability Correctional agencies enact policies and procedures to help guide officers in performing their duties. These policies are carefully developed to ensure they comply with legal and ethical guide- lines. Agency policies and procedures are developed and published for the officer’s benefit. By following such policies, you may avoid liability for acts committed while on duty. Attending required and optional training lets you stay current on the law and up-to-date practices. Awareness of changes in legal and practice guidelines also helps you avoid liability. Chapter 1 Introduction to Corrections / 41