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Trial courts, Appellate courts, and the Supreme court
What are the three levels of the federal court system? (lowest to highest)
To interpret and apply the law to resolve disputes as well as protect the rights and liberties that are guaranteed by the Constitution
What is the duty of the federal courts?
Federal judges are appointed for life
Federal trial courts hear nearly are categories of federal cases including both civil and criminal matters that involves federal law.
There are 94 judicial districts
Characteristics of federal trial courts....(how long do judges hold their terms and are they appointed or elected? what cases do they hear? how many judicial districts are there?)
Federal judges are appointed for life
Federal appellate courts hear appeals from the districts courts (trial courts) located within its circuit, as well as appeals decisions of federal administrative agencies.
There are 13 judicial circuits.
Characteristics of federal appellate courts....(how long do judges hold their terms and are they appointed or elected? what cases do they hear? how many judicial circuits are there?)
Federal judges are appointed for life
Highest court in the united states.
They hear cases that have lost in federal courts of appeals or in Wisconsin supreme court.
Characteristics of federal Supreme Courts....(how long do judges hold their terms and are they appointed or elected? what cases do they hear?)
Municipal courts, Circuit courts, Court of Appeals, and Wisconsin Supreme court
What are the four courts that make up the Wisconsin court system? (lowest to highest)
There 7 justices and they are elected for 10-year terms
Justices only hear cases that will develop or clarify the law and have absolute discretion of what cases they may want to hear.
They ensure that the state's court system operates fairly and efficiently.
What are the characteristics of the Wisconsin Supreme court? (How many justices? Are the Justices elected or appointed and how long are the terms if any? What is the criteria for them to be able to review a case? What are the justices duty at this level?)
Court of appeal judges are elected to 6-year terms
Considered an "error-correcting court, they determine that someone's rights were prejudiced by improper evidence or by an incorrect decision in the lower courts.
There are 4 appellate districts
What are the characteristics of the Court of Appeals? (Are the Judges elected or appointed and how long are the terms if any? What are their duties/why do they review a case? how many appellate districts are there)
Circuit court judges are elected for 6-year terms but must have been an attorney for 5 years in Wisconsin beforehand
They have jurisdiction in all civil and criminal matters within the state. So they hear cases regarding probate, juvenile, traffic and matters, as well as civil and criminal jury trials
What are the characteristics of the Circuit courts? (Are the Judges elected or appointed and how long are the terms if any? what cases do they hear?)
Municipal courts cases begin with the issuance of a citation
What are the characteristics of the Municipal courts? (what cases do they hear?)
Court order authorizing law enforcement officers to make an arrest or conduct a search
Definition of warrant
An order to appear before a judge or magistrate
Definition of summons
an appeal is review of what happened in a lower court to determine whether an error occurred and whether the affected individual is entitled to relief
The subject has 20 days from the date of sentencing to file an appeal, and the state has 45 days to appeal it
What is the process of appealing a criminal conviction and what is it?(how many days do they have to appeal and how many days does the state have make a decision)
Sir Robert Peel
Who is considered the father of modern law enforcement?
He created the first modern police force, the Metropolitan (London) Police in 1829. and was responsible for the passage of the Catholic Emancipation Act (1829).
What did Sir Robert Peel do?
He believed that poor quality of policing caused social disorder and formulated a concept of professional police
What did Sir Robert Peel believe when it came to policing?
He was appointed as Berkley's first Chief of Police and created what we now call a "Code of Ethics", which included eliminating the acceptance of gratuities, rewards or favors.
Who is August Vollmer and what did he do?
created a merit-based civil service, which created the concept of a competitive exam, competitive process, and employment was based on knowledge, skills, and abilities
What is the Pendleton Act and what did it do?
Law enforcement duty is too protect the individuals rights as it is an extension of the judicial system, which tries the laws
What does guardian of rights mean?
protected rights such as "right to property, right to defend oneself, right to protect ones property"
Limits the intrusive powers of the state
Was the first paper to define government's duties
What is Magna Carta? and what did it do?
Asserted that all men are created equal and have the right to life, liberty, and the pursuit of happiness
What does the Declaration of Independence do?
Sets up the authority of law enforcement as well as provided the common defense and the general welfare of the people.
Separates the functions and powers of the government into three different branches with a system of checks and balances
What does the US Constitution do?
Law enforcement has the responsibility and authority to "maintain order" and "uphold the law" without violating due process
what is the legal basis of law enforcement? (what are their responsibilities)
Allows individual states to make laws that prohibit or punish acts
the states are also allowed to establish their own government with punishment
What does the 10th amendment do?
-Equal access/equal treatment (entitles to equal access to law enforcement)
-Justifiable actions (enforce laws that are legally defensible)
-Preservation, not judging of life (actions taken by police are for the citizens)
-No private gain
-No selective enforcement
-Teamwork
What are the expectations an law enforcement officer must fulfill based on public trust?
is the lead agency for the enforcement of federal laws and it is their mission to provide federal leadership in preventing and controlling crime
FBI, United States Marshals Service (USMS), Federal Bureau of Prisons (BOP), Bureau of Alcohol, Tobacco and Firearms (ATF), Drug Enforcement Administration (DEA)
What does the U.S department of justice do? and what are the agencies within this department?
They respond to bank robberies, certain kidnappings, and hostage situations. They play a lead role in the nations counter and anti-terrorism efforts. And provide criminal justice services to local law enforcment agencies
They also maintain the integrated automated fingerprint identification system (IAFIS) as well as the national crime information center (NCIC)
What is the main duties of the FBI?
To enforce the controlled substances laws and regulations of the United States.
Was formed in the mid-1970s to address drug enforcement problems
What are the main functions of the DEA? when and why was it formed?
The United States Marshals Service (USMS) is the enforcement arm of the federal courts. It also houses federal detainees as well as manages the federal witness protection program
What are the main functions of the United States Marshals Service (USMS)?
United States Marshals Service (USMS)
What is the oldest federal law enforcement agency?
Is dedicated to preventing terrorism, reducing violent crime, and protecting or nation. Also enforce federal criminal laws and regulate the firearms and explosive industries.
what are the main functions of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)?
DHS works to prevent and deter terrorist attacks and protect against and respond to threats and hazards to the nation
Was established following the 9/11 attacks to serve as the lead agency to secure or nation
U.S. Customs and Boarder Protection (CBP) and United States Secret Service
What are the main function of the Department of Homeland Security (DHS)? Also when and why was it created ? and what agencies are under DHS?
Assumes the law enforcement function that ensures boarder security against terrorists and other criminals, while facilitating legitimate trade and travel
What are the main functions of the U.S. Customs and Boarder Protection (CBP)?
Protects the president and vice president, their families, heads of state, and other designated individuals and investigate threats against these people. They also investigates violations of laws relating to counterfeiting of obligations and securities of the United States
What are the main functions of the United States Secret Service?
DCI investigates crimes that are statewide in nature
What are the main functions of the Division of criminal investigation (DCI)?
investigates fires and explosions and determines the origin of the fire
What are the main function of the Wisconsin Arson Bureau/State Fire Marshal's Officer?
Helps stem the flow of drugs within the state
What are the main functions the Wisconsin Narcotics Bureau?
services as Wisconsin's liaison to the FBI's violent criminal apprehension program (VICAP). Also deals with amber alerts
What are the main functions of the Wisconsin Investigative Services Bureau?
criminal law enforcement responsibilities relating to betting, Wisconsin lottery, Indian gaming, charitable gaming, bingo and illegal gambling
What are the main functions of the Gaming Enforcement Bureau?
Investigates alleged violations of the state statue when committed by the public employees acting in their offical capacity.
Investigates white collar crimes
What are the main functions of the Wisconsin Public Integrity Bureau?
- Crash reconstruction
- Commercial Vehicle Inspections
- Criminal interdiction and homeland security
- Aerial surveillance
- Training/local assistance
What are the 5 services Wisconsin State Patrol does?
Responsible for implementing state and federal laws that protect and enhance Wisconsin's natural resources
What are the main functions of the Wisconsin Department?
Conservation and Recreation, Environmental Services and Management Services
What are the three divisions of the DNR?
enforcement authority over wildlife, fish, boating, snowmobiling, all terrain vehicles, environmental, water regulation, and zoning
What does Conservation wardens do?
to "preserve the peace" and to enforce state statues regardless of municipal boundaries
What is the duty of a sheriff?
Chapter 59
What chapter is the duties of the sheriff prescribed in?
protecting the public by securing serious offenders but also provide programs designed to assist inmates in managing their lives after their released
what is the main function of the Wisconsin Department of Corrections?
The law requires them that they must provide police protection services
What does the law say about municipalities with a population of 5000 or more?
11
How many federally reconized indian tribes are there?
Yes
Do tribes have the right to power to govern their people and territory?
a type of policing that combines traditional aspects of law enforcement with the prevention measures, problem-solving, community engagement, and community partnerships
What is community policing?
to bring the police and the public it serves closer together to identify and address crime issues
What is the goal of community policing?
Community orientated policing services (COPS)
what is the primary resource for community policing?
to advance public safety through the practice of community policing
What is the mission of Community orientated policing services (COPS)?
is the identification and analysis of specific crime and disorder problems in order to develop effective response strategies in conjunction with ongoing assessment
What is Problem-orientated policing (POP)?
1. scan data to identify patterns
2. subject these patterns to in-depth analysis
3. find new ways of intervening earlier
4. assess the impact of the intervention
what is the four stages of problem-orientated policing? (SARA)
Scanning, analysis, response, and assessment
what is SARA?
is a theory that says by controlling minor disorders serious crimes can be reduced
What is the broken windows theory?
focuses on cleaning up rundown parts of the city
What does broken window policing strategy focus on?
focuses on agencies gathering intelligence and sharing that information within their agencies and with other local, state, and federal agencies
What is intelligence-led policing?
law enforcement, other government agencies and the community work together to identify and solve problems of crime and disorder to improve the quality of life in neighborhoods
What is Chicago's alternative policing strategy (CAPS)?
-crime control and prevention
- organizational continuity
- community involvement
- beat profiling/action planning
- training
- computerized crime analysis
- communication and marketing
- evaluation
- strategic planning
what are the key features of Chicago's alternative policing strategy (CAPS)?
COMPSTAT process collects, analyzes, and maps crime data and other essential police performance measures on a regular basis and hold police managers accountable for their performance as measured by this data
What is Computer statistics or comparative statistics policing (COMPSTAT)?
targets changes in community infrastructure, culture, or physical environment in order to reduce crime
What is crime analysis and prevention?
R- report
E- evaluate
S- stabilize
P- preserve
O- organize
N- normalize
D- document/debrief
What are the 7 steps to the RESPOND model?
Environmental hazards, Incident scene hazards, vehicle
What are the different hazards you may encounter when responding to a scene?
a conduct prohibited by law punishable by fine and/or imprisonment
What is the definition of a crime?
Victim, suspect, location
What are the three factors necessary for a crime to be committed?
Civil laws deals with the disputes between individuals, organizations, or between two, in which compensation is awarded to the victim
what is the definition and purpose of Civil Law?
A private party
when it comes to civil law who files the case?
"preponderance of evidence"
what is the standard of proof for civil law?
Criminal law is the body of the law that deals with crime and the legal punishment of criminal offenses
what is the definition and purpose of Criminal Law?
government
when it comes to criminal law who files the case?
"beyond reasonable doubt"
what is the standard of proof for criminal law?
The purpose is to maintain the stability of the state and society by punishing offenders and deterring them and others from offending
what is the purpose of criminal law?
"innocent until proven guilty" meaning prosecution must prove the defendant is guilty
What is the burden of proof in criminal law?
Imprisonment or fines/community service
What is the type of punishment for breaking criminal law?
Compensation for injuries or damages
what is the type of punishment for breaking civil law?
intended to permit persons to be charged with an offense if they intentionally aided or conspired with another in committing a crime
what is parties to crime?
that the crime was committed and that the suspected committed the crime
to convict a suspect in court they must show what two things?
is the state of mind that establishes criminal liability, meaning the offender is knowledgeable of the criminal aspects of the behavior
What is mens rea?
- intoxication but not self induced
- mistake
- adequate provaction
- privilege
- coecion
- necessaity
- defense of property
- coercion
what are the 8 defenses in court?
6 years
murder is the major exception
A prosecution of a felony must be commenced within....? what is the major exception to this ?
3 years
A prosecution of a misdemeanor must be commenced within....?
a warrant or summons is issued, and indictment is found, or an information is filed
A prosecution has "commenced" when....?
to collect information on crimes suffered by individuals and households (whether it was reported or not)
what is the purpose of the National Crime Victimization Survey (NCVS)?
it collects information on crimes reported to law enforcement authorities in an effort to provide reliable criminal justice satistics
what information does the Uniform crime Reporting collect?
can be defined as conduct deemed criminal without actual harm being done, provided that the harm would have occurred is one the law tries to prevent
and
it is a crime preparing for or seeking to commit another crime
What is an inchoate offense?
occurs when a person creates a unreasonable and substantial risk of death or great bodily harm to another human being and the person is aware of that risk
what is criminal recklessness?
when the person should have known that the behavior would create substantial risk of death of great bodily harm to another
what is criminal negligence?
1. disciplined, self directed thinking
2. thinking that displays mastery of intellectual skills and abilities
3. art of thinking about your thinking
what are the 3 parts of the definition of critical thinking?
the process of identifying and evaluating choices
What is decision making?
routine, impulsive, and reasoned
what are the three types of decisions?
- dispositions
- criteria
- argument
- reasoning
- point of view
- procedures from applying criteria
what are the 6 aspects of critical thinking?
thinking about one's own thinking, being aware of one's thinking during tasks and using that awareness to control what one is doing
What is metacognition?
is the ability to recognize how your emotions, understand what they are telling you, and realize how you emotions affect the one around you
what is emotional intelligence?
- self-awareness
- self-recognition
- motivation
- empathy
- social skills
what are the 5 characteristics of emotional intelligence?
is a theory that people posses different kinds of minds and therefore lean, remember, perform, and understand in different ways
what is multiple intelligence?
- numbers
- age
- size
- relative strength
- skill level
what are the officer subject factors?
- youself
- fellow officers
- civillians
- suspects
what are the safety priorities in order?