Police Academy EXAM 1

Criminal justice system, constitution, and Georgia Law

What does Law Enforcement do?

They enforce the Law

What does the courts do?

The courts put defendants under the trial process

What are the steps of the trial process?

1. Opening statements

2. presenting of evidence

3. closing statements

4. sentencing

What is the purpose of the Corrections Process

Convicted individuals undergo rehabilitation

What is the purpose of the criminal justice system

1. control crime

2. prevent crime

3. provide and maintain justice

What are the four origins of laws

1. Common law

2. Statutes (codes)

3. Organic Law

4. Administrative Laws

What are the three elements of the constitution

1. Preamble (Intro and establish the basic principles of our government)

2. Articles (Government framework)

3. Amendments (Changes made after ratification)

What are the 7 articles of the constitution

1. Legislative

2. Executive

3. Judicial

4. Guarantee to every state in this union a republican form of Government

5. Methods of amending the constitution

6. National Debt

7. Ratification

What are the first 10 amendments called

The bill of rights

What is the 1st Amendment

Freedom of religion

freedom of speech

freedom of press

freedom of assembly

freedom to petition of the government

What is the 2nd Amendment

right to bear arms

What is the 3rd amendment

No soldier shall be quartered in a citizen’s home

What is the 4th Amendment

Protection from unproper search and seizure

what is the 5th amendment

No person shall answer for a crime without grand jury; no double jeopardy; cannot be a witness against himself (self incrimination); not able to be deprived of Life, liberty, or property without due process

What is the 6th Amendment

Right to a speedy and public trial; informed of the nature and caused of the accusation

What is the 8th Amendment

No excessive bail; no cruel and unusual punishment

What is the 9th amendment

Rights cannot be taken away from people

What is the 10th amendment

Powers of the state cannot be taken away

What is the 14th amendment

all people born are the US are natural citizens; all citizens have all rights

What is the criminal justice process

1. Pre arrest investigation

2. arrest

3. booking

4. bail appearance (required within 72 hours)

5. preliminary hearing

6. determination of formal charges

7. arraignment

8. trial process

9. sentencing

10. appeals and release

What are local law agencies

City police, county police and sheriff

What are Georgia state LE agencies

GBI, DNR, GSP

What are some qualities of Federal Law Enforcement

Rarely involved in local law enforcement, Focuses on higher levels of crime, most agencies have specialties

What federal law enforcement agency is an exception of Federal LE qualities

FBI

What agency handles warrants and is security in court

US Marshals

What does the Magistrate Court handle

Issues warrants, minor criminal offences, civil claims of $15,000 or less; is first resort for civil disputes, county ordinance violations, dispossessories, landlord/tenant cases, issue search warrants, set bail for defendants; for criminal matters: preliminary hearings, issues search warrants, set bail for defendants

What does Municipal court handle

handles traffic offenses, local ordinance violations, conduct preliminary hearings, issue warrants

What two criminal laws does the municipal court handle

misdemeanor shoplifting and possession of marijuana

what does probate court handle

probate of wills, decedent’s estates, orders involuntary hospitalization of an incapacitated adult or other individual and to appoint a legal guardian to handle the affairs of certain specified individuals, marriage licenses, licenses to carry firearms, administer oaths of office and make appointments to certain local public offices

What type of cases will a probate court handle where in certain counties there is no state court

traffic violations, certain misdemeanors, and citations involving the state game and fish laws, as well as the county elections supervisor

What does the juvenile court handle

All court cases where the defendant is under 18

What does the state court handle

misdemeanors including traffic violations, issue search and arrest warrants, hold preliminary hearings in criminal cases, and try civil matters not reserved exclusively for the superior courts

What does the superior court handle

all felony trials, exclusive jurisdiction over divorces, and may correct errors made by limited jurisdiction courts

What is considered the highest trial court

Superior court

What are the elements of a crime

Corpus Delicti-Body of the crime; basic fact that needs to be proven to sustain a conviction; each element must be proven beyond a reasonable doubt

What is Jurisdiction

Area where a person can be convicted by a certain agency; where an agency has power

What is venue

Where the crime was committed

What is Limitations on Prosecutions

Statute of Limitations; the time frame starting at the time of commission of the crime till when the crime can no longer be prosecuted

What crime can be prosecuted for any amount of time

Murder

What is the statute of limitations on crimes punishable by death or life imprisonment

7 years

What crime is the exception to the 7 years statue and what is the statute of limitations on it

Forcible rape and 15 years

Outside of specified felonies, what is the statue of limitations on felonies

4 years

If the victim is under 18, what is the SoL on felonies

7 years

What felonies, with DNA evidence, can be prosecuted anytime

1. Armed Robbery

2. kidnapping

3. rape

4. Agg Child molestation

5. Agg sodomy

6. Agg sexual battery

What is the SoL on misdemeanors

2 years

What periods are excluded from limitations

1. Accused is not a resident within this state

2. the person committing the crime or the crime is unknown

3. Accused is a government officer or employee and the crime is theft by conversion

4. accused is a guardian or trustee and the crime is theft by conversion of property of the ward or beneficiary

What is the period excluded if the victim is 65 or older

The limitation does not start until the crime is reported

What are the offense types and their limitation time

1. Misdemeanor = 2 years

2. most felonies = 4 years

3. Felonies punishable by life or death = 7 years

4. Felonies with victim under 18 = 7 years

5. rape = 15 years

6. murder = anytime

7. DNA avaiable = anytime

8. victim is 65 or older = 15 years

What is Affirmative defense

A justification for the crime committed (lawful reason)

What are the examples of Affirmative defenses

1. self defense

2. defense for a third person from unlawful force

3. Use of force to defend habitation

4. entrapment

5. minimum age (less than 13)

6. Mental capacity

What is presumption of innocence

everyone is innocent until proven guilty

what is proof beyond a reasonable doubt

person much be proven guilty beyond a reasonable doubt

What is Parties to crime

People connected to a crime

What are the defenses to criminal prosecution

Minimum age

mental capacity; insanity

Involuntary intoxication

mistake of fact

entrapment

What is criminal attempt

When someone performs any act which is a substantial step towards the commission of a crime

What is criminal attempt through crime committed

Person attempts to commit a crime and actually commits the crime

Can someone be charged with criminal attempt and the crime

no

What is conspiracy to commit a crime

Two people conspire to commit a crime and at least one makes a substational step towards committing the crime

What is murder

Person unlawfully and with malice aforethought, which can either be expressed or implied, causes the death of another human being

If someone is committing another felony and they cause the death of someone else, is that murder

yes

How does someone commit second degree murder

Person, while committing cruelty to children in the second degree, causes the death of another human being

What is voluntary manslaughter

Person causes the death of someone else as the result of sudden, violent, and irresistible passion resulting from serious provocation

What makes voluntary manslaughter murder

When there is an interval between provocation and the killing that would allow reason and humanity to be heard

What is involuntary manslaughter

In the commission of an unlawful act that is other than a felony, causes the death of someone else

When is involuntary manslaughter considered a misdemeanor

When someone who causes the death of another was in commission of a lawful act in an unlawful manner

What is Agg involuntary manslaughter by causing fentanyl overdose death

When a person causes the death of someone else without intent of doing so, intentionally manufacturing or selling any substance that contains fentanyl

What is simple assault

When someone attempts to commit a violent injury to someone else

What is Agg assault

When a person assaults with intent to murder, rape, or rob; uses a deadly weapon; strangulation; or without legal justification discharges a firearm within or immediately exiting a motor vehicle towards someone

What is simple battery

Person intentionally makes physical contact with someone else

What is battery

Person causes substantial physical harm to someone that is visible

What is Agg Battery

Person maliciously causes physical harm to someone else that deprives the other of a member of their body

What is kidnapping

A person abducts someone else without lawful authority and holds that person against their will; Slight movement is sufficient

What types of movement do not constitute kidnapping

1. movement conceals or isolates the victim

2. movement makes the commission of another crime easier

3. movement lessens the risk of detection

4. movement is for the purpose of avoiding apprehension

What kind of offense is kidnapping considered to be

A continuous offense

What is false imprisonment

A person arrests or detains someone else without legal authority

What is motor vehicle hijacking

Person, while in possession of a firearm or using force or violence, obtains a motor vehicle from another

What is reckless conduct

A person causes bodily harm to another by disregarding a substantial and unjustifiable risk

Can someone who knows they are HIV positive and does not tell the person they are having sex with be charged with Reckless conduct

Yes

When can a peace officer or correctional officer be charged with this crime

When in performance of their duties

What is Cruelty to Children - 1st degree

When a parent or guardian, having immediate custody of a child under 18, willfully deprives the child of necessary sustenance that causes the child’s health or wellbeing to be jeopardized or a person causes excessive physical or mental pain

What is cruelty to children - 2nd degree

When a person, with criminal negligence, causes a child under 18, cruel or excessive physical or mental pain

What is cruelty to children - 3rd degree

Person, who is the primary aggressor, intentionally allows a child under 18 to witness or hear the commission of a forcible felony, battery, or family battery

What is stalking

When a person follows, places under surveillance, or contacts another person at or about place or places without the consent of the other person for the purpose of harassing and intimidating; person publicly publishes the picture, name, address, or phone number for the purpose of harassing or intimidation

What is Agg Stalking

When someone stalks someone else in violation of a keep the peace bond, temporary protective order, permanent restraining order, ect.

What is the exception to the stalking statute

When a person is engaged in activities protected by the constitution of the US or the State, or the person is engaged in bona fide business

What is cruelty to persons 65 or older

When a guardian or other person supervising the welfare of someone who is 65 or older willfully deprives the 65 or older person health care, shelter, or necessary sustenance to the individual that the health and well being of the person 65 or older is Jeopardized

What is rape

When a person has Carnal knowledge and either:

1. Forces a female against her will

2. the female victim is less than ten years old

What is Carnal Knowledge

When a male sex organ penetrates the female sex organ

What is Sodomy

When a person performs any sexual act involving the sex organs of one person and the mouth or anus of another

What is Agg Sodomy

When a person commits sodomy with force and against the will of the other person; A person commits sodomy against a person less than 10 years of age

When is Sodomy/Agg sodomy a misdemeanor

When the victim is at least 13 but less than 16, and the person that is convicted of sodomy is 18 years old or younger and is no more than 4 years older than the victim

What is Statutory Rape

When a person engages in intercourse with someone else that is under 16 years old and is not their spouse

When can someone not be convicted of Statutory rape

When the offense is the unsupported testimony of the victim

When is Statutory rape a misdemeanor

When the victim is at least 14 but less than 16, and the person that is convicted of sodomy is 18 years old or younger and is no more than 4 years older than the victim

What is child molestation

When a person does any immoral or indecent act to or in the presence of any child under the age of 16 with intent to arouse or satisfy the child or the person or by means of an electronic device used to transmit images of a person engaging in or otherwise participating in an immoral act to a child under 16 years with the same intentions

When is child molestation a misdemeanor

When the victim is at least 14 but less than 16, and the person that is convicted of sodomy is 18 years old or younger and is no more than 4 years older than the victim

What is Agg Child molestation

When a person commits child molestation that causes physical injury to the child or involves an act of sodomy

What is enticing a child

When a person solicits, entices, or takes any child under 16 to any place for the purpose of child molestation

When is enticing a child a misdemeanor

When the victim is at least 14 but less than 16, and the person that is convicted of sodomy is 18 years old or younger and is no more than 4 years older than the victim

What is Improper sexual contact - 1st degree

When an employee or agent makes sexual contact, by sexually explicit conduct, with someone who is:

1. enrolled as a student at a school

2. under probation, parole, or a program supervision

3. being detained

4. a hospital patient

5. in custody

6. subject to psychotherapy treatment or counseling

7. admitted into a sensitive care facility