Florida FDLE Law Enforcement Academy - State Exam Test Review

Values

are principles, standards, or qualities considered worthwhile or desirable.

Personal values

are an individual's convictions about what is right and wrong, based on religious beliefs, cultural roots, family background, personal experiences, laws, organizational values, professional norms, and political habits.

Ethics

is a standard of conduct based on moral duties and virtues that are derived from the principles of right and wrong.

Ethical principles

are rules of conduct derived from ethical values.

Ethical behavior

is principled, value-based decision making, practiced daily.

Bribery is defined in s. 838.015, F.S.,

corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.

Perjury

may be defined as a false statement that a person makes under oath but does not believe to be true.

Gratuity

is 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

is behavior that demonstrates good character and is marked by pride in self and career. Examples of these characteristics include service, integrity, respect, quality, fairness, honesty, courage, compassion, moral/ethical leadership, trustworthiness, and common sense.

Stereotyping

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

Bias or prejudice

is 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

is the negative behavior toward a person or group that is based on color, race, sex, age, religion, ethnic and national origin, handicap, and/or marital status.

Perception

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

Sexual harassment

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

Quid pro quo

"something for something in return."

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.

3 main components of the Criminal Justice system

The three main components of the criminal justice system are law enforcement, the court system, and corrections.

Law enforcement

is responsible for the enforcement of and maintaining civil order.

The court system

is responsible for the interpretation of laws.

Corrections

is responsible for enforcing punishment as defined by the court system.

Four levels of law enforcement agencies within the United States:

local or municipal, county, state, and federal

Jurisdiction

means the types of cases in which the court can make decisions.

Courts of Appeal:

these courts make decisions on appeals from lower federal courts, which are subject to review in the U.S. Supreme Court.

Supreme Court of the United States:

hears appeals from the decisions of lower federal courts and state supreme courts, and it resolves issues of constitutional and federal law. It stands as the ultimate authority in constitutional interpretation, and its decisions can be changed only by a constitutional amendment.

Judge

is authorized to preside over the courtroom and to decide questions of law brought before the court.

Prosecutor

is responsible for presenting the government's case.

Defense Attorney

is responsible for representing the defendant's case.

Probation

is a sentence placing a person under the supervision of a probation officer for a specified length of time instead of confinement.

Parole

is the release of an inmate from a correctional institution prior to the conclusion of the inmate's court-imposed sentence.

Community control (house arrest)

is a form of closely monitored community supervision and is more restrictive than probation or parole.

Chain of command

is the order of authority within an organization. It provides the links of authority and responsibility that join one level of an organization to another.

Insubordination

The failure to follow orders from superiors in the chain of command

Vertical communication

is a term for information from the chief executive officer that flows down through the supervision levels to the lowest levels of the organization. The information that flows from the lowest levels to the highest is equally important.

Lateral communication

is that which travels across a level of the organization to employees on the same level within the chain of command. Sometimes, information must be processed at all levels and then channeled to the individual or individuals responsible for accomplishing a specific objective.

Delegation of Authority

granting of power by the person with authority to another person

Administrative Law

The body of law that allows for the creation of public regulatory agencies

Case Law

The body of law that is formed by the decisions of the court system

Civil Law

The area of the law that pertains to the legal action that a person takes to resolve a private dispute with another person

Constitutional Law

The standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by the U.S. District and Supreme Courts; identifies the powers and limitations of each branch of the U.S. government (Checks & Balances)

Criminal Law

The part of statutory law that defines unacceptable behaviors in government prosecution of those who commit them

Ordinance

A statute enacted by a municipal (city) or county government and which applies only within the jurisdiction of the government entity which created it, maybe criminal or civil

Statutory Law

The written laws enacted by Congress, State Legislators, or local governing authorities in response to a perceived need.

Bill of Rights

The first ten amendments to the U.S. Constitution

Due Process Clause

The part of the 14th Amendment that expands the restrictions the Bill of Rights places on the Federal Government to state and local governments and states, "No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdictions of the equal protection of the laws."

Felony

A criminal offense committed within the state in which the maximum penalty is death or incarceration in a state correctional facility for MORE THAN ONE YEAR

Misdemeanor

Any criminal offense that is punishable by a term of imprisonment in a county correctional facility NOT IN EXCESS OF ONE YEAR

Noncriminal Violation

An offense, also known as a civil infraction, for which the only penalty may be a fine, forfeiture, or other civil penalty.

Offense

a criminal or noncriminal act punishable by law

Capital Felony

Death or life imprisonment in a state correctional facility without possible parole

Life Felony

Life imprisonment, $15,000.00 fine, or both

Felony 1st Degree

30 years and, in some cases, life imprisonment, $10,000 fine, or both

Felony 2nd Degree

15 years imprisonment, $10,000 fine, or both

Felony 3rd Degree

5 years imprisonment, $5,000 fine, or both

Misdemeanor 1st Degree

Imprisonment in a county correctional facility for up to one year, $1,000 fine, or both

Misdemeanor 2nd Degree

Imprisonment up to 60 days, $500 fine, or both

Penalty of Noncriminal Offense/Civil Violation (Infraction/Violation)

$500 fine, forfeiture, or other civil penalties. According to s. 775.08(3), F.S., noncriminal shall not mean any conviction for any violation of any municipal (city) or county ordinance

Penalty of Municipal/County Ordinance Violation (Civil/Criminal)

Civil penalty of up to $500 or imprisonment of up to 60 days, or both

BOLO

An acronym that stands for BE ON THE LOOK OUT.

Consensual Encounter

When an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about their business

Fellow Officer Rule

A rule that involves relying on a collective knowledge of other officers in taking law enforcement action

Investigative Stop (Terry Stop)

A stop that may be made only if an officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation, A.K.A. TERRY STOP

Live Line-Up

The presentation of a number of individuals, which may include a known suspect, to a victim or a witness in a non-suggestive manner for the purpose of identification

Mere Suspicion

A hunch or gut feeling based on law-enforcement training and knowledge but is not acceptable to justification of interfering with someone's rights

Photographic Array

A presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying the suspect

Plain touch/feel doctrine

A rule that during a valid stop and frisk allows an officer to seize an item he or she readily recognizes as contraband even if it does not feel like a weapon

Pretext stop

A stop made by an officer on a basis of a traffic infraction when there is not enough information for reasonable suspicion to make a stop but for the purpose of investigating other, more serious criminal activity

Probable Cause

A fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances

Proof Beyond A Reasonable Doubt

A standard used to determine if a criminal defendant is guilty and which holds that based on the facts of the case, there is no other reasonable explanation than that the defendant committed the crime

Reasonable Suspicion

A level of justification needed to support a legal terry stop, or investigative detention where an officer can articulate the facts that support a suspicion of a law violation, AKA "Articulable Suspicion" or "Founded Suspicion"

Show-Up

A one-on-one identification of a suspect in the field by a victim or witness orchestrated by a law-enforcement officer a short time after the commission of an offense.

Totality of Circumstances

A court review of all factors known to the officer at the time of the incident

Carroll doctrine

The principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is a probable cause to believe that the vehicle contains contraband or evidence of criminal activity

Curtilage

The enclosed space of ground and the outbuildings immediately surrounding a structure

Exclusionary Rule

A rule which states that evidence obtained illegally by law-enforcement cannot be used as evidence in court

Exigent Circumstances

Certain emergencies, such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrantless entry

Forfeiture

A civil proceeding in which the law-enforcement agency asks the court to transfer ownership of property from the defendant to the government

Search

Any government intrusion into a place in which a person has a reasonable expectation of privacy

Search Warrant

A court order that authorizes law-enforcement to conduct a search and seizure

Seizure

An act that occurs when the government affects a person's right to have or control his or her property, usually by physically taking that property

Arrest

To deprive a person of their liberty by legal authority

Arrest Warrant

A court order authorizing law-enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant

Fresh Pursuit

A legal doctrine that permits a Law-Enforcement Officer to arrest a fleeing suspect who crosses jurisdictional lines

Notice To Appear (NTA)

A written order that may be issued by a Law-Enforcement Officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. It may only be used under limited circumstances for misdemeanor offenses, municipal/county ordinance violations, and criminal traffic violations.

Probable Cause Affidavit

A sworn written statement by a Law-Enforcement Officer establishing certain facts and circumstances to justify an arrest; also called an Arrest Affidavit

Deadly Force

Any force that is likely to cause great bodily harm or death

Custody

The suspect is deprived of freedom in a significant way

Interrogation

The process of questioning a suspect by Law-Enforcement intended to directly or indirectly illicit an incriminating response; also called custodial interview

Elements to the Miranda Decision

Custody, Interrogation, Understanding, and Free & Voluntary Waiving of Rights.

Corpus delicti

A Latin term meaning, "The body of the offense" which describes the principle that the officer must determine whether the elements of a criminal act are present and have probable cause to believe that the person to be charged committed the crime

Criminal negligence

An act that imposes criminal liability and that occurs when a person did not intend for the behavior to cause the resulting harm

Culpable negligence

Consciously doing an act that a person knew or should have known was likely to cause death or bodily injury

General intent

An offender's intention to voluntarily make the bodily movement which becomes the act to commit a criminal offense

Intent

When a person purposely does what the law declares to be a crime

Specific Intent

An expectation of a particular result, requiring a heightened mental state of intent to commit the act; proved that the suspect intentionally committed the act with a particular purpose or desire in mind

Transferred Intent

An intent that is present when an intentional act harms an unintended second victim

Child Abuse

The intentional infliction of physical or mental injury upon a child

Consent

Intelligent, knowing, and voluntary consent that does not induce coerced submission nor failure by the alleged victim to offer physical resistance; A legal defense that claims that the acts in question were committed with the victim's consent and permission

Conveyance

A motor vehicle, vessel, ship, aircraft, railroad vehicle or car, trailer, or sleeping car

Crime

An act that the law makes punishable