Studied by 7 peopleFirst police agency to_____? (Historical and notable milestones of the occupation)
be created was in Egypt?
Robert Peel
instituted modern law enforcement (12 principles)
August Vollmer
standardized policing. Instituted university training. believed police should stay out of politics.
Branches of government
Legislative, Executive, and Judicial
checks and balances
a system of dividing power among different branches of government to prevent tyranny.
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment
Protection against Unreasonable Search and Seizure
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
8th Amendment
No cruel or unusual punishment
10th Amendment
Powers Reserved to the States
Knapp Commision (1972)
was a five-member panel initially formed in April 1970 by Mayor John V. Lindsay to investigate corruption within the New York City Police Department.
English Common Law
The centuries-old body of legal rules and procedures that protected the lives and property of the British monarch's subjects.
Code of Hammurabi
A collection of 282 laws. One of the first (but not THE first) examples of written law in the ancient world. These 282 case laws include economic provisions (prices, tariffs, trade, and commerce), family law (marriage and divorce), as well as criminal law (assault, theft) and civil law (slavery, debt).
Napoleonic Code
This was the civil code put out by Napoleon that granted equality of all male citizens before the law and granted absolute security of wealth and private property. Napoleon also secured this by creating the Bank of France which loyally served the interests of both the state and the financial oligarchy
Social Conflict Theory
A school of criminology that views criminal behavior as the result of class conflict. Argues that individuals and groups (social classes) within society interact on the basis of conflict rather than consensus.
Choice Theory
Suggests that individuals choose to engage in criminal behavior based on their calculation of potential rewards and risks associated with such behavior.
Biological Theory
Biological explanations of crime assume that some people are 'born criminals', who are physiologically distinct from non-criminals.
Social Disorganization Theory
The explanation of variations in criminal offending and delinquency, across both time and space, as a product of institutional disintegration.
Vior dire examination
"voir dire," which is Latin for "to speak the truth." In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.
Peremptory Challenges
the exclusion of a potential juror without the need for any reason or explanation
Nolo contendere
[Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt.
Plea Bargaining
allows criminal justice personnel to individualize punishments and make them less severe.
Insanity
also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act.
Entrapment
The act of government agents or officials that induces a person to commit a crime he or she is not previously disposed to commit.
Alibi
a defense raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offense was committed.
Self Defense
may be used to argue that the defendant's use of violence or deadly force were necessary to protect himself or others from harm.
Diminished mental capacity
a legal defense used by a defendant to argue that, while he admits to having broken the law, he should not be held fully criminally liable due to his "diminished" mental state at the time.
Infancy
can be used to negate the element of intent to commit a crime
Beyond a reasonable doubt
legal burden of proof required to affirm a conviction in a criminal case.
Reasonable Suspicion
any information that points to illegal activity and may include rumor, tips, and anonymous telephone calls. lower legal standard than probable cause
Probable Cause
a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant
Felony
most serious offense in the criminal justice system
Robbery
aggravated form of theft that involves violence or the threat of violence against a victim in his presence
Misdemeanor
any "lesser" criminal act in some common law legal systems
Burglary
crime under both the common law and the model penal code
Embezzlement
fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.
Murder
unlawful killing of another human being without justification or excuse
Manslaughter
crime of killing a person without the intent, forethought, or reckless disregard for life that defines murder
Petty Theft
misdemeanor crime defined by individual states
Terry v. Ohio
stop and frisk based on reasonable suspicion
Graham v. Connor
reasonableness of a particular use of force must be judged from the perspective of how a reasonable officer on the scene would respond, rather than from the 20/20 perspective of hindsight.
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Tennessee v. Garner
Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
Miranda v. Arizona
The accused must be notified of their rights before being questioned by the police
Civil v. Criminal
The two main types of law are
Sentencing
A hearing to determine consequences for a crime
Opening Statements
The attorneys' statements to the jury at the beginning of the trial.
Defense's case
presented by a lawyer in a trial for the person who has been accused of a crime
Closing Arguments
arguments made by each side's attorney after the cases for the plaintiff and defendant have been presented
Jury Deliberations
The action of a jury in determining the guilt or innocence, or the sentence, of a defendant.
Prosecution's case
prosecution present its side of the case (witnesses and evidence) the defense may cross-examine
Tort
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Juvenile-only offenses
a "status offense" involves conduct that would not be a crime if it were committed by an adult
Juvenile rights
system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect.
Parole
to grant a prisoner an early release from prison, with certain restrictions
Furlough
a temporary leave of absence from military duty
Probation
the release of an offender from detention, subject to a period of good behavior under supervision
Trustee
A legislator who acts according to her or his conscience and the broad interests of the entire society.
Prisoner rights
Overview Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full constitutional rights, they are protected by the Eighth Amendment 's prohibition against cruel and unusual punishment.
Adult v. Juvenile terms
Adult defendants are charged with complaints and convicted, while juveniles are petitioned and considered adjudicated delinquents when punished.
Incapacitation
prevents convicted criminals from committing future crimes by locking them up, or more rarely, by altering them surgically or executing them
Deterrence
An effort to preserve the status quo through the threat of force
Restorative justice
punishment designed to repair the damage done to the victim and community by an offender's criminal act
Rehabilitation
process of changing or reforming a criminal through socialization
Death penalty exclusions
Eighth Amendment prohibits the death penalty for felony murder if the defendant was only a minor participant and didn't kill, attempt to kill, or intend that a killing or use of lethal force occur.
Local jail v. state prisons
Jails are normally operated by a local government, usually a county government, and are used to hold people pending trial, or for shorter sentences of incarceration following a criminal conviction. Prisons are normally operated by a state's department of corrections or, for federal crimes, the Federal Bureau of Prisons.
Legal Searches Parameters
search of an arrested persons body, things within the officers plain view, the person is about to or suspiciously about to commit a crime an officer can stop and search them, police may search an open field, person has no expectation of privacy in an open field
Exigent Circumstances
when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure
Detention v. arrest
occurs when a law enforcement officer restricts a person's freedom to leave
When search warrants are not required v. when they are
If the police see an illegal act occurring outside of your home, they may perform a search and seize evidence from your home without a search warrant. The police must still have probable cause, however, that the items are indeed illegal. most police searches require a search warrant based on probable cause.
Coercement
when officers of the law exert undue pressure to get an individual suspect to admit their involvement in a crime
Exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
inevitable discovery
exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means
Judicial Review
Allows the court to determine the constitutionality of laws
consent
permission for something to happen or agreement to do something.
stop and frisk
to "pat down" or search the outer clothing of someone whom the police believe is acting suspiciously
order of a body search
a search, typically conducted by customs officials or the police, of a person's body and clothing for illicit weapons, drugs, or other articles. Order: head/hair/headwear, collar, roll the fabric to check for sewn-in items, arms, front of torso and waist, right groin, leg, ankle, foot, inside of shoes, left groin, leg, ankle, and foot.
Reasonable suspicion vs. probable cause
a general and reasonable suspicion is a general and reasonable belief that a crime is in progress or has occurred whereas a probable cause is a reasonable belief that a particular person has committed a specific crime.
DUI/DWI probable cause for arrest
Officers look for such facts after developing a suspicion that a motorist has been driving under the influence.
Consensual encounter
Occurs 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 his or her business.
Internal affairs
the branch of the police department that investigates charges of corruption or misconduct on the part of police officers
Unethical v. Illegal
'Unethical' defines as something that is morally wrong, whilst something being 'illegal' means it is against the law.
Purpose of an accident investigation
determine the cause or causes of an accident, prevent similar accidents in the future, or in preparation for a legal battle in order to determine who was at fault.
Own recognizance
the legal responsibility for one's own behavior, as in an arrested suspect being released without bail
First priority of officer at accident scene
(1) determine if the victim is alive or dead; (2) apprehend the perpetrator, if possible or give the appropriate notification if the perpetrator is escaping; and (3) safeguard the scene and detain witnesses and suspects.
First priority of officer responding to a call
Introduce yourself to victims by name and title. Briefly explain your role and purpose. Reassure victims of their safety and your concern by paying close attention to your own words, posture, mannerisms, and tone of voice. Ask victims to tell you in just a sentence or two what happened. Ask if they have any physical injuries. Take care of their medical needs first. Offer to contact a family member, friend, or crisis counselor for victims.Ensure privacy during your interview. Provide a "safety net" for victims before leaving them. Give victim's—in writing—your name and information on how to reach you
Private property traffic law enforcement
if a land owner (apartment, condo, shopping center, etc) has a written agreement with law enforcement, then the cops may issue traffic citations on their private property. This ruling, of course, does not apply to criminal matters.
Driving reaction times
???
Reckless driving
driving by anyone who fails to exercise reasonable care, unreasonably interferes with the use of a public road by others, or deliberately disregards his or her own safety or that of others
Danger areas in traffic stops
Stay away from intersections, hillcrests and areas that offer escape routes to the suspect(s). Try to pick an area that has good visibility and lighting with a safe backdrop for shooting if necessary. Stay away from hostile environments where other individuals may attempt to interfere in the stop.
Horizontal Gaze Nystagmus
Involuntary jerking of the eyes occurring add the eyes gaze to the side. (Field Sobriety Test)
walk and turn
Heel to toe in a straight line, following directions
evidence
the available body of facts or information indicating whether a belief or proposition is true or valid/proof
chain of custody
the documented and unbroken transfer of evidence
modus operandi
manner of working; way of working
police reports in general
integral components of the criminal justice system. These reports facilitate criminal prosecution, provide judges with a third-party view of circumstances pertaining to court cases, and serve as vital pieces of documentation that help victims of criminal injury recover damages and find justice.
affidavit
written statement made under oath
complaint
a formal notice that a lawsuit is being brought
indictment
the act of accusing; a formal accusation
Note
Flashcard