Florida Basic Recruit Training Program, Chapter 1: Intro to Law Enforcement with 100% correct answers + easy to understand rationales (100% accuracy)

Law Enforcement Officer

Any person who is elected, appointed, or employed full time by any municipality, state or political subdivision; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

Florida Administrative Code (FAC)

the official compilation of rules and regulations of Florida regulatory agencies.

Criminal Justice Standards and Training Commission (CJSTC)

Oversees:

- certification of employment

- training

- maintenance of officer records

- conduct of law enforcement, correction, and probation officers

CJSTC's goal

To ensure the citizens of Florida are served by the most qualified, well-trained, competent, and ethical officers in the nation.

CJPP; Section 943.13, F.S.

Criminal Justice Professionalism Program: created under the FDLE to support and assist the CJSTC in the execution, administration, implementation, and evaluation of its powers, duties and functions.

Minimum requirements needed before becoming a certified officer; Section 943.09, F.S.

- 19 years of age

- be a US citizen

- high school graduate or equivalent

- fingerprints filed with agency

- physical examination

- have good moral character (determined by BI)

- submit affidavit attesting to compliance

- not convicted of a felony or misdemeanor involving perjury or false statement

- not have received a dishonorable discharge from US Armed Forces

- complete basic recruit training approved by CJSTC

- Pass state exam

Becoming a certified (sworn) officer

- meet all minimum requirements

- complete basic recruit training

- pass SOCE (3 attempts to pass)

- become actively employed with a law enforcement agency

Successful completion of basic recruit training program

- achieve passing score on all end of course exams

- proficiency in high liability courses and DIU traffic stops

- participate in CJSTC Physical Fitness Program

Nolo Contendere

when an individual does not accept or deny responsibility for the charges but agrees to accept punishment

CJSTC may take action against an officer's certification if the officer does the following

- pleads nolo contendere, guilty or is found guilty of a felony or misdemeanor involving prejury

- fails to maintain good moral character

- commits any act that amounts to a felony offense or a serious misdemeanor offense, regardless of criminal prosecution

- commits any principle, accessory, attempt, solicitation or conspiracy where there would have been a felony offense had the crime been committed

- commits an act in a jurisdiction outside of Florida that would be recognized as a felony or serious misdemeanor in Florida

- tests positive for controlled substances

- sexual harassment

- misuse of authority

- excessive use of force

- engages in unprofessional relationships

- makes false statements during employment process

- subverts officer certification exam

- subverts CJSTC-approved training exam process or agency related exams

Solicitation

the act of requesting or strongly urging someone to do something unlawful

Disciplinary actions that the CJSTC can take include

- written reprimand

- probation of up to two years

- suspension of up to two years

- revocation of certification

Under Florida law, the CJSTC must revoke an officer's certification if

officer is convicted, pleads guilty, pleads nolo contendere, or is found guilty of a felony offense regardless of withholding adjudication. CJSTC has no discretion in this.

adjudicate

make a formal judgement or decision about a problem or disputed matter

withhold adjudication

occurs when the court determines that a defendant is not likely to again engage in a criminal act & that the ends of justice do not require the defendant suffer the penalty imposed by law.

Law Enforcement Officer's Bill of Rights

Section 112.532, F.S., provides certain protections "whenever a law enforcement officer... is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal..."

Law Enforcement Officer's Bill of Rights protections include

- officer must be informed of the nature of the complaint, identity of the complaint, and have opportunity to review all evidence prior to interrogation

- interrogation must be conducted at a reasonable time

- interrogation must take place at office of command

- officer shall be informed of the rank, name, and commanding officer in charge of investigation, the interrogating officer and all people present at interrogation.

- Interrogation must be recorded

- all questions must be asked by one person

- officer has right to address interrogation findings prior to discipline being imposed

Section 112.534, F.S.

Failure to comply with officer's bill of rights

Values

principles or standards considered worthwhile or desirable and motivates one's attitudes and actions

Personal Values

An individual's convictions about what is right and wrong, based on religious beliefs, cultural roots, family background, and personal experiences.

Ethics

standards of moral behavior, that is, behavior accepted by society as right versus wrong

Ethical Principles

a standard of conduct that derives from ethical values

Ethical Behavior

behavior that conforms to a society's accepted principles of right and wrong

Ethical Behavior in law enforcement includes

- treating everyone with courtesy and fairness

- refusing to accept or offer gratuities

- preserving evidence

- giving true testimony

- obeying all laws and regulations

- protecting civil rights of others

- respecting confidential and privileged communication

Unethical Behavior in law enforcement includes

- bribery

- perjury

- misuse of position of authority

officer should also be wary of

- divulging privileged communication

- engaging in situations that present conflict of interest

- accepting inappropriate gratuities

Bribery, Section 838.015, F.S.

Money or favor given or promised in order to influence the judgment or conduct of a public servant. If a public servant: to request, solicit or accept any benefit not authorized by law in which the public servant represents as being in violation of public duty.

Perjury

making false statement under oath (considered a felony in an official proceeding such as testifying in court)

Misuse of Position of Authority, Section 112.313, F.S.

No officer, shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.

Section 815.06, F.S.

makes it a felony to "willfully, knowingly, and without authorization" access or allow access to any computer, computer system, or computer network for curiosity purposes and risk being prosecuted and officer may be held civilly liable for it.

D.A.V.I.D.

Florida Driver and Vehicle Information Database

FCIC/NCIC

Florida Crime Information Center/National Crime Information Center

CJNET

Florida Criminal Justice Network

Conflict of Interest

a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity. You cannot influence the actions of other officers in official matters or influence another officer's immediate family, relatives, or people with which the officer has had any significant personal, business or employment relationships

gratuity

Anything of value intended to benefit the giver more than the receiver; it is something given to a person because of that person's position or authority.

Professionalism

Behavior that demonstrates good character and is marked by pride in self and career.

Law Enforcement Code of Ethics

Provides specific principles by which law enforcement officers operate with respect to ethical values and expectations.

Law Enforcement Oath of Honor

Gives officers a shorter version of ethical values and is easy to memorize for quick recollection when you are confronted with an ethical dilemma or stressful situation:

"On my honor, I will never betray my badge, my integrity, my character or the public trust.

I will always have the courage to hold myself and others accountable for our actions.

I will always uphold the constitution, my community, and the agency I serve."

Stereotyping

A fixed and unvarying idea or opinion of a person, group, or subject.

Bias or prejudice

a strong belief or feeling about a person, group, or subject, whether positive or negative, that is formed without reviewing all available facts or information

Discrimination

a negative behavior towards a person or groups that is based on color, race, sex, age, religion, ethnic, and national origin, handicap, and/or marital status

Perception

the impression in a person's mind of an individual, a group of people, or events based on experiences, biases, beliefs, assumptions and observations

assumption

a notion, statement, or belief about a person, group, or event that may or may not be factual

sexual harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

When it comes to sexual harassment, courts do not look at the intent; they focus on

the impact of the conduct

Sexual harassment is a form of

discrimination

Title VII

Civil Rights Act of 1964—forbids discrimination based on sex, race, color, national origin, or religion.

Verbal actions

can include giving sexual compliments, pressuring

someone for dates, or ridiculing with a sexual message.

Nonverbal actions

can include making facial gestures, displaying nude pictures, or using suggestive body

language.

physical actions

may include touching and brushing against someone,

hugging and patting, or horseplay.

Harassment occurs when

the harasser intends to unreasonably interfere with a person's performance or create an intimidating, hostile or offensive work environment

quid pro quo

something given in exchange or return for something else

hostile work environment

an office culture where lewd jokes or other offensive habits are acceptable.

Criminal Justice

refers to the structure, functions, and decision-making processes of those agencies that deal with the management and control of crime and criminal offenders.

The three main components of the Criminal Justice System

Law Enforcement, the courts, corrections

Law Enforcement

responsible for the enforcement of laws and maintaining civil order

Court System

is responsible for the interpretation of laws.

Corrections

Responsible for enforcing punishment as defined by the court system.

Four levels of law enforcement agencies within the United States:

Local (municipal), county, state and federal

Local (municipal) law enforcement agencies

enforce ordinances of the municipality as well as state laws within the jurisdiction of the agency

County law enforcement agencies

enforce county ordinances and state laws within the county. Traditionally, they also handle unincorporated areas, the county jail, and

civil processing.

State law enforcement agencies

are responsible for enforcing state laws within the

state.

Federal law enforcement agencies

enforce federal laws across state lines and

within the states.

Public Safety Departments

Combine fire, police and emergency medical services

County law enforcement agencies in Florida are mainly composed of

Sheriff's Offices

Civil processing

involves law enforcement's assistance to the court system, which can include serving subpoenas, enforcing eviction notices, and providing court bailiffs.

Florida Department of Law Enforcement (FDLE)

provides investigative, forensic, and protective services in several key investigative focus areas: major drug crime, violent crime, child predator cybercrime, public integrity, fraud/economic crime, and domestic security. In addition, supports the Criminal Justice Standards and Training Commission in the establishment and oversight of criminal justice officers, standards, and training.

Florida Department of Environmental Protection (DEP)

responsible for responding to environmental disasters, such as petroleum spills, chemical plant incidents, and coastal oil spills which may cause public health threats.

Federal Bureau of Investigation (FBI)

investigates violations of federal criminal laws to protect the United States from foreign intelligence and terrorist activities. Also provides leadership and law enforcement assistance to federal, state, local, and international agencies.

United States Marshals Service

protects the federal courts and the ensure the effective operation of the judicial system. They are also responsible for transporting federal prisoners, protecting endangered federal witnesses, managing assets seized from criminal enterprises, and pursuing and arresting federal fugitives.

Florida County Courts

67 courts which handle minor criminal offenses that provide a maximum sentence of one year in county jail, municipal ordinance violations including traffic infractions, civil cases involving amounts of $15,000 or less, and the issuance of search and arrest warrants within the county

Florida Circuit Courts

the 20 courts handle domestic relations cases, major criminal offenses which can result in imprisonment in state correctional facilities, probate matters, civil cases greater than $15,000, Baker and Marchman Acts, and appeals from county courts

Florida District Court of Appeals

the 5 courts decide appeals from circuit courts in most criminal and civil cases.

Florida Supreme Court

The highest court in Florida consisting of seven judges whose decisions have authority over all other Florida state courts. They hear cases including final orders imposing death sentences and appeals from lower courts.

Clerk of Court

Responsible for maintaining files and official records and issuing subpoenas.

Court Administrator

Responsible for the day-to-day administration of a court system.