Phase 1 Written Exam 720hr

Where are the 4 district appeal courts in Wisconsin

Madison, Waukesha, Milwaukee, Wausau

What is the jurisdiction of Circuit Courts

County

Circuit Courts deal with what kind of violations

probate, traffic violations, juvenile, civil and criminal jury trials

How many municipal courts are in Wisconsin

nearly 250

What kind of violations do municipal courts handle?

ordinance violations and non-criminal traffic

How do most municipal court cases start?

issuance of a citation

Where are the 2 full time municipal courts in Wisconsin?

Milwaukee and Madison

How many days does a criminal case have to file an appeal?

20 days from sentencing date

When did contemporary law enforcement originate?

1000 AD in England

Why is Sir Robert Peel important?

introduced the Metropolitan Act of 1829 in England

What is the roll of the Sheriff?

enforce statutes, preserve the peace, is the Chief of Law Enforcement in the county

What is community policing?

combined traditional aspects of law enforcement with prevention measures, problem solving, community engagement and partnership

What is the acronym SARA?

4 stages of problem solving: scanning, analysis, response, assessment

What is intelligence policing?

Data based policing which became popular after 9/11

What does the criminal court system do?

seeks to punishes a person who violates rules set by state legislature or Congress

What does civil court do?

a civil dispute between two individuals or an organization that usually ends in a fine

What is the purpose of district courts?

resolves disputes by determining the facts and applying legal principles to determine who is right

What is “crime”?

conduct which is prohibited by state law and punishable by fine or imprisonment or both

Burden of Proof

the highest level of proof. government provides evidence to convince the jury that the suspect is guilty

Beyond a reasonable doubt

legal burden of proof required to affirm a conviction of a criminal case

Beyond a reasonable doubt standard

federal jury instructions to help jurors understand what beyond reasonable doubt is

What happens at an initial appearance?

the first hearing of the defendant’s case. they receive a copy of the criminal complaint

What is a trial?

when prosecution and defense cannot agree on a resolution

role of a prosecutor

prove that the accused is guilty beyond a reasonable doubt

role of defense

not to prove accused innocent, but to represent them throughout the trial and to raise reasonable doubt about their client’s guilt

fresh pursuit

infraction took place within the officer’s geographical jurisdiction and allows officer to follow anywhere in the state and make an arrest

close pursuit

into an adjourning state, applies only to felonies

Terry v Ohio

permits law enforcement officer to legally stop, detain, and frisk persons who are reasonably suspected of criminal activity

Do you get immediate authorization to frisk someone on a Terry Stop?

no, you have to reasonably articulate with reasonable suspicion that you are in danger of physical injury

What are the “rules” of a frisk?

outside of clothing, checking ONLY for weapons. weapons may be seized if found.

criteria of exigent circumstances

1. immediate threat of escape

2. immediate threat of destruction of evidence

3. immediate threat of death or great bodily harm to the officer or general public

concept of privilege

acting in good faith and seeking to achieve legit law enforcement objectives

duty to report

law enforcement officer that witnesses another law enforcement officer use force that is not justified shall report a non-compliance as soon as possible

duty to intervene

law enforcement officer shall intervene to prevent or stop another officer from using excessive force and inform supervisor ASAP

Arizona v Gant

allows a warrantless search of a vehicle if reason ties to the arrest. must have reasonable suspicion to search.

When can officers re-initiate interrogation after accused invokes their right to attorney?

at least 2 hours, must provide fresh Miranda warning and obtain a voluntary waiver

Can someone who waives their Miranda rights still invoke their rights later during questioning?

yes, whenever rights are invoked, questioning must stop

Can someone choose not to answer a specific question during custodial interrogation?

Yes, the officer should skip over the question if they wish not to answer

When does the 6th Amendment attach itself?

When the person has already been charged with an offence.

When is an interrogation required to be recorded?

juvenile and felonies

Exclusionary rule

prohibits the use of illegally obtained evidence to be used in court

Fruit from the Poisonous Tree

prohibits use of secondary evidence in trial that was obtained directly from primary evidence derived from illegally seized evidence

Carroll Doctrine

probable cause to make a warrantless search on any movable vehicle

vehicle inventory

allows officers to do an inventory on all parts of a legally impounded vehicle for protection of theft claims, inventory of owner’s belongings, and integrity of impounded area

Protective sweep

when making an in-home arrest, officers may sweep the house, only looking in places people would be found

Community Caretaker

allows officers to make warrantless nonconsensual intrusion to a vehicle to accomplish a reasonable caretaker act (only applies to vehicles)

Emergency Aid Doctrine

allows officers to enter a home without a warrant to render emergency assistance to an injured occupant or to prevent occupant from imminent injury (only applies to homes)

Act 79 search

allows officers to search persons on probation/parole or extended supervision with reasonable suspicion person has, will, or is about to violate rules.

3 factors for a crime to be committed

victim, suspect, location

Mens Rea

intent- state of mind that establishes criminal liability