Chapter Two Legal Systems

Legal Systems

Which 2 Things Do Laws Govern That Pertain to Correctional Officers and Inmates?

The responsibilities of correctional officers and the rights of inmates.

Which 3 Things Do Laws Protect?

Our rights, freedoms, and Lives.

What Are The 4 Purposes that Laws Serve Regarding Order, Property, Business, and Government Funding?

Laws serve to maintain order, protect ownership of property, regulate certain businesses, and raise money for state and federal governments.

What is the Origin of All Laws That Govern The Way We Live?

The U.S Constitution

What establishes the form of government in the U.S, and outlines the representational government and it’s responsibilities within a three branch structure?

The U.S Constitution

What is the Legislative Branch Responsible for?

Creating Laws

What is the Executive Branch Responsible For?

Enforcing Laws

What is The Judicial Branch Responsible For?

Interpreting Laws

Which Branch of the Government are Correctional Officers A Part Of?

The Executive Branch

Which 3 Branches Make Up The Federal Government?

Executive, Legislative, Judicial.

Which Type Of Law Defines The Powers and Limitations of Each Branch?

Constitutional Law

Constitutional Law does Two Things. What are they?

Defines the powers and limitations of each branch and ensures that laws respect the U.S Constitution and past court rulings.

What Does The Supremacy Clause of The U.S Constitution state about conflicting local and state laws?

Federal law generally overrules state and local laws.

Can State Law Be More Restrictive Than Federal Law?

Yes, state law can be more restrictive than federal law but it cannot undermine the federal standard or The Constitution.

What is the name of Floridas Constitution?

The Constitution of The State Of Florida

How Does The Constitution of The State Of Florida Administer the same level of rights as The U.S Constitution?

The Constitution of The State of Florida cannot take away a right granted by the U.S Constitution so Florida established the U.S constitution as the minimum standard of protection, which guarantees its residents the same level of rights.

How does the Constitution of The State of Florida expand on the U.S Constitutions rights and give greater rights for its residents?

The Constitution of The State of Florida can add extra protections to its residents that aren't spelled out in the U.S Constitution.

What helps correctional officers act properly and effectively without violating the individual rights of inmates?

Having a basic understanding of federal, state, and local laws.

What is Criminal Law?

Criminal law is the body of law that defines criminal offenses and the legal process for punishing those accused of crimes.

Which 2 things does Criminal Law do?

Identifies the behaviors deemed unacceptable by society and sets punishments for those behaviors.

Which 3 groups is statutory law written and enacted by?

Congress, state legislatures, and local governing authorities.

What is statutory law?

A written law passed by a legislative body.

What are the 3 legislative bodies?

Congress, State Legislatures, and Local Governing Authorities.

What are the 4 Types of Laws in Statutory Law?

Criminal laws, civil laws, administrative laws, and regulatory laws.

What are Ordinances?

Written laws enacted by city and county governments.

Why are ordinances created by local governments?

To regulate actions within cities and counties.

What area can ordinances be applied to?

Ordinances can only be applied within the jurisdiction of the governmental entity that enacted them.

What are the 2 types of infractions that occur when ordinances are violated?

Criminal infractions and Civil infractions.

Which 3 laws can ordinances not conflict with?

State laws, federal laws, and case laws.

Which law is put into place by legislatures at the federal and state level that combat behaviors deemed unacceptable by society?

Statutory Law.

Which laws are put into place by local county and city governments to regulate unacceptable behavior?

Ordinances

What is the difference between statutory law and ordinances?

Statutory law is written and enacted by the state and federal government whereas ordinances are written and enacted by local governments in cities and counties.

What is Civil Law?

The body of law that regulates non criminal disputes.

What is Civil Law concerned with?

Civil law is concerned with the legal action that a person takes to resolve a non-criminal private dispute.

What are 3 examples of civil law disputes?

Child custody disputes, landlord-tenant disputes, and property boundary disputes.

In civil law suits, what must the person filing the lawsuit have?

A court-recognized cause of action.

What is a cause of action?

A set of facts to justify the right to sue.

Which 3 things can a person seek through a cause of action in a lawsuit?

Money, property, and the enforcement of a right against someone.

What does ‘the enforcement of a right against someone’ mean and give an example.

Making someone follow the law or a legal duty they owe you. For example, making someone honor a contract they agreed to or making a landlord fix something they are legally required to fix for you.

What is administrative law?

The body of law that establishes the operations and procedures of governmental agencies.

What does administrative law govern?

Administrative law governs the internal operations of governmental agencies and ensures that they do not abuse their power.

What is an official code?

A collection of laws, rules, and regulations created by a governmental agency.

How are rules and regulations often organized when they are written into an official code?

They are organized into a collection of laws or rules grouped by subject area.

What is an example of an official code?

The Florida Administrative Code (F.A.C.)

What does Chapter 11B of the Florida Administrative Code (F.A.C.) contain?

Chapter 11B of the F.A.C. contains the administrative rules that govern the training and certification of law enforcement, correctional officers, and correctional probation officers that is required by the statute.

What is Case Law?

The body of law formed by the decisions of the court system.

Which governmental branch is the court system a part of?

The Judicial Branch.

What are court-imposed decisions based on?

The court’s interpretation of constitutional provisions.

What do court decisions clarify?

Court decisions clarify the meaning of Florida statutes, laws, and administrative rules in cases.

What are Appellate courts responsible for?

Hearing and reviewing appeals from cases that have already been heard in lower courts.

What is required when appellate courts create rules/precedents in a jurisdiction?

It is required that those rules be followed unless a higher court changes them.

What is a precedent?

A past appellate court decision/rule that sets an example for how similar cases should be decided in the future.

What is true regarding the rules that govern the operations of correctional officers?

The rules under which officers operate will constantly change based on revisions in statutes and the case law that interprets those statutes.

What are 5 sources that help correctional officers stay current in statutory and case law?

Agency bulletins, legislative updates, the Florida Department of Law Enforcement website, the Florida Office of Attorney General website, and the Florida Supreme Court website.

What do the Florida Statutes contain?

The permanent collection of the statutory laws of Florida.

What is a critical function for correctional officers to have in order to carry out their responsibilities?

The ability to read and understand the Florida Statutes.

Which 2 Formats Can The Florida Statutes Be Found in?

The Florida Statutes can be found in both digital and print format.

How often are the Florida Statutes updated?

Annually

What are the 5 ways that the Florida Statutes are organized and divided by?

Titles, subject areas, chapters, sections, and subsections.

Which part of a Florida Statute outlines the main topic of the law or the crime?

Subsection (1)

If the title of a Florida Statute suggests one topic, but the subsection gives a more specific description, which one should guide the officer’s interpretation and why?

The Subsection in a Florida Statute should guide interpretation because it contains the main part of the law or crime. The heading only gives a general label and is not detailed enough to determine how the law applies and how the crime is defined or carried out under that statute.

What do subsections provide after being broken down into paragraphs?

These paragraphs provide more detail and specify the law or elements of the crime.

What is the purpose of the subsections that come after subsection (1)?

The following subsections further explain the law and outline the penalties for the offense.

Where are the words with unclear meanings defined at in a Florida Statute?

At the beginning of a chapter or the beginning of a section.

Where can I find a history of legislative changes relating to the Florida statute.

The last portion of a section provides a history of legislative changes related to the statute.

Which 2 things does the Constitution establish and define?

The Constitution defines the boundaries within which the government must operate and establishes the laws that every person is subject to.

Which 2 things are confined by the U.S Constitution?

The boundaries within which the government must operate and the authority to act as a correctional officer.

What must correctional officers be able to do in any given situation?

Correctional officers must be able to determine how to follow the law and abide by the limitations that the constitution sets.

What forms the main body of The U.S Constitution?

The Articles of the Constitution.

Which 3 things do the Articles of the Constitution do?

Establishes the U.S government and its responsibilities, sets out the parameters of the relationship between the American people, the legislative, the executive, and the judicial branches, and spells out the authority and responsibilities of the 3 branches.

What is true regarding the U.S Constitution?

Under the Constitution, all people stand equal before the law and, therefore, share certain rights.

What are the first 10 amendments of the Constitution called?

The Bill of Rights.

Which 2 things does the Bill of Rights specify?

Individual basic civil rights and liberties.

What is true regarding the U.S Constitution?

Under the Constitution, all people stand equal before the law and, therefore, share certain rights.

Which branch is Congress under?

Legislative Branch

Which branch is the Senate under?

Legislative Branch

Which branch is The House of Representatives under?

Legislative Branch

Which branch is the president and vice president under?

Executive branch.

Which branch is the Cabinet under?

Executive Branch.

Which branch is the U.S Supreme Court under?

Judicial Branch.

Which Branch is the federal court under?

Judicial Branch.

Which amendments are of particular importance to correctional officers?

The 1st, 5th, 8th, and the 14th amendment.

What does the First Amendment do?

Protects the freedom of speech, the press, religion, and the right to peacefully assemble.

What does the Fourth Amendment do?

Prohibits unreasonable search and seizure and protects people from governmental intrusion in areas where they have a reasonable expectation of privacy.

What 4 things does the 5th Amendment do?

Prohibits self-incrimination, requires grand jury indictment for capital crimes, prohibits double jeopardy, and prohibits the deprivation of life, liberty or property without due process of law.

What is Due Process?

The conduct of legal proceedings according to established rules and principals for the protection and enforcement of privacy rights, including notice and the right to a fair hearing.

What are the Two main types of due process?

Substantive due process & Procedural due process.

What is the Substantive Due Process?

The fair and consistent enforcement of the law.

What is Procedural Due Process?

The procedures that must be followed to protect a person’s rights during the criminal justice process.

What does the 6th Amendment do?

Guarantees a person’s right to a speedy and public trial, to a legal counsel, to an impartial jury, to be informed of the nature of the charges, and to confront witnesses.

Which amendment gives inmates access to legal counsel in a correctional facility?

The Sixth Amendment.

Which 2 things does the 8th Amendment do?

Prohibits excessive bails and fines as well as cruel and unusual punishment.

Which amendment plays a critical role in the care. custody, and control of inmates in regards to cruel and unusual punishment?

The Eighth Amendment.

Which governmental entity interpreted the Eighth Amendment to include harsh prison and jail conditions under its prohibition of cruel and unusual punishment?

The U.S Supreme Court?

What are the Conditions of Confinement?

The living conditions and treatment of inmates in prisons and jails.

What is the 14th Amendment? What does it do?

Expands the application of the Bill of Rights to state and local governments by establishing due process and equal protection of the laws in all states.

Which clause of the 14th amendment expands the application of the Bill of Rights to state and local governments?

The Due Process Clause.

What could result as a consequence of failing to abide by the Constitution?

The suppression of evidence and confessions, as well as civil and criminal liability towards someone or their agency.

Which 2 things are crimes classified as in Florida?

A felony or misdemeanor.

What is an offense?

A breach of law that broadly describes criminal or non-criminal acts that are punishable under law.