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What kind of tickets do municipal courts handle?
Ordinance violations, monetary fines, jug tickets and traffic
As a law enforcement officer, will you testify at an appeal?
No
1. The person filling the appeals is:
2.The other person is
1. Appellate
2. Respondent
1. How many judges WI Supreme Court?
2. US Supreme Court?
1. 7
2. 9
What are the 10 mandatory policies required by WI State law?
Use of Force (66.0511[2])
Citizen Complaint (66.0511[3])
High Speed Pursuit (346.03[6])
Open Record (19.34[1])
Domestic Abuse (968.075[3])
Expander of Jurisdiction (175.40[6][d])
Reposting Abuse (48.981[3][b])
Eyewitness Identification (175.50[2])
Strip Searches (968.255[6])
Officer Involved Death (175.47)
What elements does the court need to prove someone committed a crime?
1. That the crime was committed (every element of crime proven)
2. That the suspect committed the crime
When do you use an open ended question in an interview? Close ended question?
Open ended questions- used to gather information
Closed ended questions should be used only when the witness fails to provide a clear or complete response
What type of people that you are interviewing are most likely not to lie?
Neutral
Can an attorney invoke your right to silence?
No
What are the 3 responses to a Miranda Warning?
Assert the right to silence
Assert the right to an attorney
Waive the rights and agree to answer questions
What is the definition of Critical Thinking?
The disciplined art of ensuring that you are using the best thinking you are capable of in any set of circumstances
In firearms, what is the firing cycle?
The first round in fired
The empty casing is extracted from the chamber
The empty casing is ejected from the weapon
The next round in fed into the chamber
What stage of Problem Oriented Policing do you identify data?
SARA - Analysis Stage
What are the pros and cons in Chicago Alternative Policing Strategy (CAPS)?
Pros: Community and police involvement and teamwork.
Cons: cost and data showed ineffective
What is the difference between civil law vs criminal law?
Civil law: 2 independent parties, preponderance of evidence.
Criminal law: Gov vs Party, beyond reasonable doubt
How many appellate districts (State) in WI?
4 districts
Where do you go if your federal case goes to Appeals?
Chicago
Police officers file a complaint. What is a complaint?
Written statement listing essential facts of the offense and a statement outlining they believe the defendant committed the crime
The judge review the complaint and determines if there is
Probable cause
What is a discretionary policy vs a ministerial policy?
Discretionary: you have some choices about how you will complete a task,
includes may and should. Ministerial: tasks you must perform, you have no choice- policy includes will and shall
How do you become a municipal judge?
Elected
How large does a municipality have to be to get a police dept?
What are the options?
5,000
Pattern with another agency
Create your own
Contract services with another department
Why are we called Guardian of Rights?
We defend the rights guarded to the people of the Constitution
Define Community Oriented Policing
Develop relationships between police and the community
Proactive problem solving
Develop Solutions
How it is used
Build relationships
Work with stakeholders to find solutions
What does SARA stand for and how does it work?
Scanning: Define the problem
Identify neighborhood crime and disorder problems
Ex: Quality of life issues, traffic safety, Vandalism, Theft
Obtain input from the community
Organize the information
Determine the priority of the call
Analyze: People involved, specific locations, and root causes
Understand the conditions
Respond: Implement a response to fight the problems
Develop and implement solutions
Know what you are going to do when you face problems
Assessment: Assess results: Working? Changes?
How did it work?
What is Problem Oriented Policing and what are the problems associated with it?
A system to identify underlying crime problems and develop strategies that prevent and reduce crime
Driven by analysis
Problems: lack of people with adequate training, significant cost, lack of commitment, Falsely raising the public's expectations of Law Enforcement
What it the Broken Windows Theory?
Minor crimes like broken windows makes a neighborhood look unkept allowing more serious crime to move in
What are the 4 basic elements of communication?
Atmosphere, sender→ message → receiver
What is O.I.R.?
opening information resolution
It is expected that a law enforcement officer decision are
Ethical, legal, professional and bound by policy
What are the pitfalls/traps in decision making? And what do they mean...
Anchoring: mind gives disproportionate weight to first info it receives
The Status Quo: stay with what seems familiar/least change
The Justify-Past-Actions: if you've already made decision it's hard to go back and change
Inferences and Assumptions: Inference - drawing conclusion based on interpretation of assumptions. Assumptions - subconscious belief taken for granted
Vagueness and Ambiguity: ambiguity two meanings that make sense
Opinion versus Fact:
What is Emotional Intelligence?
The ability to recognize your emotions, understand what they're telling you, and realize how your emotions affect people around you. Also involves your perception of others; when you understand how they feel, this allows you to manage relationships more effectively.
What kind of penalty can you receive in a civil case?
Monetary
1. Drivers license is a _________
2. free speech is a __________
Privilege
Right
The 4th Amendment is violated if a search and seizure is...
Unlawful
3 categories of police/suspect encounters:
Voluntary
Detentions
Arrests
What is the standard of proof for civil
preponderance of evidence
What is the standard of proof for criminal;
beyond reasonable doubt
What are the 3 stakeholders in the Criminal Justice System triangle?
Courts
Law Enforcement
Corrections
CJIS (FBI) manages an index of criminal justice information like criminal record history, fugitives, stolen properties... What is it called?
NCIC (National Crime Information Center)
What are the duties of the Sheriff
Enforce state statutes within designated county; regardless of municipality
Take charge and custody of county jail
Keep a true and exact register of inmates in the jail
Attend to the circuit court while in session
What agency inspects trucks?
State patrol
Who do you call counterfeit money?
Secret service
Who ensures borders against terrorist and other criminals?
Border patrol
What are the 3 traditional professions?
Medicine, law, theology
What is the difference between frisk and full custodial search?
Frisk: limited to patting the outside of the clothing looking for weapons or contraband
Full custodial search: used in lawful arrest for officer safety and within immediate area of person
3 factors for a crime?
Location, victim and offender
2 tools used by DOJ to measure the magnitude, nature and impact of crime in the US?
Uniform Crime Report UCR and National Crime Victimization Survey NCVS
Where is relative positioning?
2 ½ - 3
What are the 3 stances and what type of dialogue go with each?
Open: searching, persuasion
Ready: light control
Defensive: heavy control
Chapters 939-951 are called?
Criminal Code
Each crime is composed of
victim, location and offender
What are the elements for misdemeanor battery
Whoever causes bodily harm to another by an act done w/ intent to cause bodily harm to that person or another without the consent of the person so harmed
Is a misdemeanor punishable by fine or imprisonment?
Both, up to a year in jail
A violent crime is defined as:
those offenses which involve force or threat of force, behavior by a person, against a person that intentionally threats attempts or actually inflicts physical harm
Criminal ____________ occurs when a person creates an unreasonable and substantial risk of death or react body harm to another person...
Recklessness
What are the 3 inchoate
Solicitation, attempt and conspiracy
Commencement of prosecution begins when:
indictment - when changes are filled or when a warrant is secured
R.E.S.P.O.N.D.
Report
Evaluate
Stabilize
Preserve
Organize
Normalize
Document/Debrief
What are the danger zones? Unarmed:
10 feet
What are the danger zones? Unarmed: Club/edged weapon
any distance an officer perceives there to be a threat
What are the danger zones? Firearm
line of sight of death or great bodily harm unbroken by cover
The purpose of USE OF FORCE is
to control people/situation
What are the 3 target requirements:
Acquisition
Identification
Isolation
Do you need all the elements of a crime to change it?
Yes
What is the greater danger exception?
Are the consequences of not stopping the threat worse than the possibility of shooting an innocent
What does preclusion means?
Officer reasonably believes all alternatives have been exhausted or would not be effective
1. Force must be___________
2.What amendment does that fall under?
1. objectively reasonable
2. 4th Amendment
What does DAAT stand for: (and what is it?)
Defense And Arrest Tactics - a system of verbalize toon skill coupled with physical alternatives
What are the 4 basic elements of communications?
Atmosphere
Sender
Message
Receiver
Deadly force =
the intentional use of a firearm or other instrument, the use of which would result in a high probability of death or great bodily harm
Tennessee V Garner:
Judicial precedent establishing that using deadly force on an unarmed fleeing felon is unconstitutional, a fleeing suspect must present a significant threat before an officer can use deadly force. Must consider the totality of the circumstances before implementing force.
What are the 4 Firearms safety rules
1. Assume all guns are loaded
2. Never let the muzzle cross anything you are not willing to destroy
3. Keep your finger off the trigger and outside the trigger guard until you are firing
4. Know your target and what's beyond it
What role do ballistics play in the performance of a handgun
Internal - what happens inside the firearm
External - what happens during the projectile's flight
Terminal - what happens when the projectile strikes
1. Permanent tissue damage caused by the projectile
2. Shot placement
3. Physical and psychological state of the person shot
Firing cycle
Round is: fired, extracted, ejected and fed`
What is tactical ready?
Similar to firing position except that the weapon is lowered slightly 6" below target, so you can look over the weapon and see the subjects hand and waist
What is low ready?
Similar to tactical ready but weapon is pointed down at 45 angle
What command can be given by anyone on the firing line?
Cease fire
When putting your handgun into storage, how should it be kept?
Unloaded, locked up, separate from ammo and uncased
What propels the bullet out of the barrel?
Propellant/expanding gases
How should you grip your gun?
High under the tang as possible and with a 60% pull 40% push
What are the basic steps for conducting an interview?
Prep and planning
Engage and explain
Account clarification and challenge
Closure
Evaluation
What are the best ways to interview the following: Friendly
Funnel approach (let the tell the story uninterrrupted then start with open ended questions)
What are the best ways to interview the following: Neutral
persuaded by a plea to their sense of justice, or that they have minimal but powerful role to play
What are the best ways to interview the following: Interested
be careful with what they say it could be biased
What are the best ways to interview the following: Hostile
reverse of the friendly interview. Begin with close-ended then slowly work on opening up the witness/victim through empathy, affirming what they told you
What are the best ways to interview the following: Child
Dont give suggestive answers
What are the best ways to interview the following: Vulnerable
Separate them from suspect
What are the best ways to interview the following: Traumatize
take your time and be careful not to increase the victims anxiety or fear
What is a show up?
When police ask a suspect matching the description and near the scene to come back to the scene to be ID'd by a victim/witness
What is an open-ended question? When do you use them?
Def: allow for unlimited responses in the victim/witness own words. When you want the victim/witness to tell you everything they know in their own words
What are the rules concerning a photo array?
Serial single photo array done by an officer not involved in the case
What does double blind mean?
Have an independent administrator or using procedure that prevents cueing eyewitness
What are the first 10 Amendments called?
Bill of Rights
Which amendment: Provides for Jury Trial:
6th
Which amendment: Right against cruel and unusual punishment:
8th
Which amendment: Due Process - self incrimination:
5th
Which amendment: Right to be represented by counsel
5th before custody and 6th after custody
Stop and Frisk comes from what case?
Terry v. Ohio
If an officer asks a citizen if they are willing to answer question (without reasonable suspicion or probable cause) the citizen is...?
Free to leave, not in custody