Criminal Acts in Correctional Facilities PDF

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...

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