Criminal Justice & Law Enforcement Study Guide

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Comprehensive vocabulary flashcards covering constitutional amendments, criminal justice procedures, community policing, criminal law classifications, search and seizure rules, use of force, and crimes against the justice system.

69 Terms

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First Amendment

A constitutional amendment providing freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government for a redress of grievances.

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Fourth Amendment

A constitutional amendment establishing the right of the people to be secure in their persons, houses, papers, and effects, and guaranteeing freedom from unreasonable searches and seizures.

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Fifth Amendment

A constitutional amendment protecting individuals against being tried twice for the same crime (double jeopardy), self-incrimination, and deprivation of life, liberty, or property without due process of law.

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Sixth Amendment

A constitutional amendment guaranteeing the right to be told of charges, a speedy and public trial by an impartial jury, confrontation of witnesses, and the assistance of counsel for defense.

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Eighth Amendment

A constitutional amendment guaranteeing freedom from excessive bail and protection against cruel and unusual punishments.

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Fourteenth Amendment

A constitutional amendment establishing due process requisites for trial, equal protection of the laws, and the basic constitutional rights of a defendant in judicial proceedings.

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Arraignment

The legal procedure where the court informs the defendant of the criminal charges, their eligibility for bail, and their constitutional rights.

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Preliminary Hearing

A judicial procedure used in felony cases to determine if there is enough evidence to hold a defendant for trial.

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Indictment

An accusation in writing formally charging a person with a crime or public offense.

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Grand Jury

A body consisting of 12 citizens convened to determine whether there is reason to believe an individual has committed a crime and should stand trial.

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Parole

A conditional release from state prison allowing an individual to serve the remainder of their sentence outside of prison under supervision.

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Probation

A sentencing alternative granted at the judge's discretion at the time of sentencing where an individual serves conditional release, typically avoiding jail time.

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Sir Robert Peel

The founder of modern policing who developed nine principles of policing in 1829.

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Proactive Approach

A policing strategy focused on anticipating problems and acting in advance rather than waiting for an incident to happen.

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Reactive Approach

A traditional policing style characterized by responding to criminal activity and problems after they have already taken place.

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Facilitation

A consensus-building process that brings together diverse priorities and perspectives toward a desired outcome.

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Community Mobilization

A continual process of identifying, bringing together, and involving community members in crime prevention and problem solving.

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Terrorism

The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.

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Problem Solving

A comprehensive planning process addressing two or more incidents that are similar in nature, causing harm or capable of causing harm, with an expectation that police will do something about it.

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Crime Triangle

An analytical model used in problem-oriented policing composed of four elements: Crime, Location, Offender, and Victim.

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The Broken Window Theory

A policing theory developed by James Q. Wilson and George Kelling based on the idea that one unchecked problem (such as graffiti, illegal dumping, or public drinking) may lead to further, more serious problems.

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SARA

A four-step problem-solving model consisting of Scanning (identifying problems), Analysis (collecting and examining info), Response (developing and implementing solutions), and Assessment (evaluating effectiveness).

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Crime Prevention

The anticipation, recognition, and appraisal of a crime risk, accompanied by specific actions to remove or reduce that risk.

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Statutory Law

Written laws enacted by a legislative body and recorded in state, county, or municipal codes, such as the Penal Code or Vehicle Code.

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Ex Post Facto

A constitutional principle making it illegal to punish an individual for an action that was committed before the law making it illegal was in effect.

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Case Law

Law established through appellate court decisions (precedent) with the primary purposes of interpreting the constitution and clarifying statutes.

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Letter of the Law

The application of law strictly in accordance with the literal meaning of the statute, leaving no room for interpretation.

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Spirit of the Law

The application of law in accordance with the intent of the legislature to promote fairness and justice.

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Tort

A non-criminal violation of the law; a civil wrong.

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General Intent

A designated state of mind where criminal intent is presumed and does not have to be proven independently beyond the commission of the act.

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Specific Intent

A mental state where intent to accomplish a precise goal must be affirmatively proven and cannot be merely presumed.

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Transferred Intent

A legal doctrine applied when an unlawful act intended to harm one person unintentionally affects or injures a different person.

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Criminal Negligence

A failure to exercise ordinary care characterized by aggravated or reckless conduct with disregard of the consequences.

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Burglary (PC 459)

The act committed by any person who enters a building or specific structure with the intent to commit a felony.

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Wobbler

A crime that can be prosecuted as either a felony or a misdemeanor, punishable by imprisonment in either state prison or county jail and/or a fine.

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Principal

Any person involved in the commission of a felony or misdemeanor—whether directly committing, aiding and abetting, advising, encouraging, or coercing another—who need not be physically present during the offense.

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Accessory (PC 32/33)

A person who, with knowledge that a principal committed or was charged with a felony, harbors, conceals, or aids the principal with the intent to assist them in avoiding or escaping arrest, trial, conviction, or punishment.

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Accomplice

A principal who testifies for the prosecution against another principal involved in the same crime.

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Reasonable Suspicion

Sufficient specific and articulable facts and information known to an officer that justify a temporary detention of a person suspected of criminal activity.

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Probable Cause

A totality of circumstances creating an honest and strong suspicion that the person to be arrested has committed a crime, or that evidence will be found in a specific location.

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Under Color of Law

An action carried out as if under legal governmental authority, but actually executed in violation of the law (e.g., pursuant to U.S. Code, Title 42, Section 1983).

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Consensual Encounter

A face-to-face contact between an officer and an individual under circumstances that would lead a reasonable person to believe they are free to leave and not cooperate.

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Detention

A temporary seizure of a person based on reasonable suspicion where the individual is not free to leave, which must last no longer than necessary.

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Cursory/Pat Search

A limited pat-down search of the outer clothing during a lawful detention solely intended to discover potential weapons or dangerous instruments, not evidence or contraband.

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Knock and Notice (PC 844)

The requirement that officers announce their presence, identify themselves, state their purpose, demand entry, and wait a reasonable time before forcibly entering a dwelling to make an arrest.

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Stale Misdemeanor

An incident where an adult commits a misdemeanor in another person's presence, but the person fails to execute an arrest within a reasonable time thereafter.

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Interrogation

Direct questioning or any words and actions by police that are reasonably likely to elicit an incriminating response from an individual.

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Curtilage

The small, well-defined area immediately surrounding a residence where the occupant possesses a reasonable expectation of privacy protected under the Fourth Amendment.

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Open Fields

Outdoor real property located outside the curtilage of a residence that is open to public view and lacks a reasonable expectation of privacy.

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Standing

A legitimate, reasonable expectation of privacy in a place or item searched or seized, established through ownership, lawful possession, authority, or control.

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Exclusionary Rule

A legal rule mandating that any evidence gathered in violation of an individual's Fourth Amendment rights is inadmissible and excluded at trial.

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Search Warrant (PC 1523)

A written order in the name of the people, signed by a magistrate, directed to a peace officer, commanding them to search for designated persons or personal property.

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Nexus Rule

A doctrine permitting officers executing a search warrant to seize unlisted items discovered during a lawful search if there is a reasonable connection to criminal behavior or contraband.

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Evanescent Evidence

Evidence that will naturally dissipate, change, or be lost over time (such as blood samples containing drugs/alcohol or nail scrapings), justifying prompt action.

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Protective Sweep

A brief search of premises conducted during an arrest solely to look for individuals hiding in spaces from which an immediate attack could be launched.

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Vehicle Inventory

A standardized administrative procedure used by police to account for personal property located in an impounded or stored vehicle, which is not a search for evidence or contraband.

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Field Showup

An identification procedure involving the on-scene viewing of a possible suspect by a victim or witness occurring shortly after a crime has been committed.

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Reasonable Force (PC 835a)

Force used by a peace officer having probable cause to believe an offense occurred, to effect an arrest, prevent escape, or overcome resistance, evaluated under the objective reasonableness standard.

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Reasonable Officer Standard

The standard gauging use of force by assessing whether another officer, facing similar circumstances with like training and experience, would act in the same way.

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Passive Resistance

A subject's behavior characterized by failing to respond to verbal commands while offering no physical form of resistance or combat.

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Active Resistance

Physically evasive movements by a subject (such as bracing, tensing, or running away) to defeat an officer's attempt at control or custody.

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Serious Bodily Harm/Injury (PC 243(f)(4))

A serious impairment of physical condition, including loss of consciousness, concussion, bone fracture, impairment of bodily function, or injuries requiring suturing/causing serious disfigurement.

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Justifiable Homicide by Public Officer (PC 196)

A legally excusable homicide committed by an officer in obedience to a court judgment, in overcoming actual resistance to legal duty, or in retaking or arresting fleeing violent felons.

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Dissuading a Witness or Victim (PC 136.1(a))

A felony offense committed when a person knowingly and maliciously prevents, dissuades, or attempts to prevent or dissuade a witness or victim from attending or testifying at an authorized proceeding.

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Threats of Retaliation (PC 140(a))

A felony offense where a person willfully uses force or threatens force or property destruction against a witness, victim, or person who provided information to law enforcement or prosecutors.

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Resisting, Delaying or Obstructing an Officer (PC 148(a)(1))

A misdemeanor offense committed by any person who willfully resists, delays, or obstructs any public officer, peace officer, or EMT in the discharge or attempted discharge of their official duties.

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Obstructing or Resisting an Executive Officer (PC 69)

A felony offense committed by attempting through threat or violence to deter or prevent an executive officer from performing their duties, or knowingly resisting an executive officer with force or violence.

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Lynching (PC 405a)

A felony defined as the taking of any person from the lawful custody of any peace officer by means of a riot.

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Unlawful Assembly (PC 407)

A misdemeanor occurring when two or more persons assemble together to commit an unlawful act, or to commit a lawful act in a violent, boisterous, or tumultuous manner.