Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
70 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Criminology
|
The study of why people violate the law and how society responds to such violations
|
|
|
|
How has technology aided law enforcement to reduce crime?
|
Alarm Systems, Surveillance, Forensics, Computers in Patrol Cars, Video in Patrol Cars for Accountability, Integration between jurisdictions, better weapons (tasers)
|
|
|
|
Crime Victim
|
Any person who has suffered direct financial, psychological, or physical harm as a result of a crime
If no person, then the PEOPLE of Or are the victims |
|
|
|
Recidivism
|
67% of convicted prisoners released commit new offenses within three years, (1/3 within six months)
|
|
|
|
Crime
|
A voluntary offense committed with a culpable mental state by a legally competent person that commands or prohibits an act for the protection of society.
|
|
|
|
Culpable Mental state
|
Intentionally, knowingly, recklessly or with criminal negligence, mens rea
|
|
|
|
Intention
|
Acts with conscious objective to engage in the conduct
|
|
|
|
Knowingly
|
Acts with an awareness that his/her conduct is criminally wrong
|
|
|
|
Recklessly
|
Is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur
Act of omission or commission |
|
|
|
Criminal Negligence
|
Fails to be aware of substantial and unjustifiable risk of such nature and degree that this failure is a gross deviation from standard of care a reasonable person would observe
|
|
|
|
Crime
|
Any offense for which a sentence of imprisonment is authorized, if just a fine then its not a crime
|
|
|
|
Felony
|
A crime in which the sentence can be imprisonment of more than one year
|
|
|
|
Misdemeanor
|
The sentence is not more than one year
|
|
|
|
Detterrance
|
Celerity
Certainty Severity |
|
|
|
Celerity
|
The speed in which punishment is applied
|
|
|
|
Certainty
|
The concept of making sure punishment is administered if a crime occurs
|
|
|
|
Severity
|
Amount of pain inflicted when a criminal is punished
|
|
|
|
How does an officer get around reasonable suspicion?
|
Consent
|
|
|
|
A police officer may not stop a person unless
|
the officer reasonably suspects that the person has committed or is about to commit a crime
In vicinity with questioning limited to immediate circumstances that aroused suspicion |
|
|
|
Stop
|
Temporary restraint of a person's liberty by a police officer lawfully present in any place
|
|
|
|
A police officer can stop a car if:
|
There is reasonable suspicion that a crime has been or is about to be committed
OR Probable Cause to believe a traffic violation is being committed |
|
|
|
Frisk
|
External patting of a person's outer clothing
Requires the officer to reasonably suspect the person is armed and dangerous |
|
|
|
If an officer feels what he reasonably suspects to be a dangerous weapon during a frisk
|
He may take action as is reasonable necessary to take possession of the weapon.
|
|
|
|
Arrest
|
place a person under actual or constructive restraint or take into custody for the purpose of charging that person with an offense
When an officer conveys that you are not free to leave |
|
|
|
Is a stop an arrest
|
No
|
|
|
|
A private person can make an arrest if
|
the crime committed is in his/her presence and the private person has probable cause
|
|
|
|
Justifiable Physical Force
|
The minimum amount of force necessary to overcome resistance of the person arrested
|
|
|
|
Reasonable Suspicion
|
A belief that is reasonable under the totality of the circumstance existing at the time and place the officer acts
|
|
|
|
Probable Cause
|
A substantial objective basis for believing that more likely than not a rime has been committed and the person to be arrested has committed it
|
|
|
|
4th Amendment
|
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
|
|
|
|
Exclusionary Rule
|
Stems from Mapp v. Ohio
Any evidence illegally obtained will be inadmissible in any court |
|
|
|
Good Faith
|
Stems from US v. Leon
If officers are enforcing warrant in good faith that the warrant was obtained legally then their findings are allowed Herring, not deliberate misconduct error in record keeping |
|
|
|
Consent
|
Exception to Search Warrant
|
|
|
|
Plain View
|
If lawfully inside a residence, contraband in plain view can be seized
Exception to Search Warrant |
|
|
|
Inventory
|
Exception to Search Warrant
|
|
|
|
Automobile Exception
|
A mobile car can be searched if there is probable cause to believe that it contains evidence of a crime
|
|
|
|
Search incident to an arrest
|
An officer can lawfully search an arrestee and areas he/she can reach for weapons or evidence of crime
|
|
|
|
Hot Pursuit
|
If a police officer is chasing someone who has committed a crime and that person enters a house or building the officer can run in after that person
|
|
|
|
Community Caretaker
|
If an officer believes someone's life is threatened, they may enter a residence
|
|
|
|
Arrest warrant w/probable cause
|
An officer can enter and search for the named person on the arrest warrant if the officer has probable cause to believe that the person is on the premises
|
|
|
|
Exigent circumstances combined with probable cause
|
Officer can search without a search warrant if there is immediate danger to life, or a high likelihood that evidence (or a suspect) will disappear before a warrant can be obtained
|
|
|
|
Miranda . Arizzona
|
Custodial interrogation statements must have procedural safeguards against self-incrimination
Fruits of poisonous tree |
|
|
|
5th Amendment
|
You cannot tell a jury that someone invoked their 5th amendment rights
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
|
|
|
6th Amendment
|
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
|
|
|
|
Rights you must be informed of
|
Right to remain silent
Anything said can be used against accused Right to attorney If you cannot afford an attorney one will be appointed |
|
|
|
Public Safety Exception
|
In situations where there is an immediate need to protect the public, the threat to public safety takes priority over the 5th Amendment
NY v. Quarles |
|
|
|
Morane v. Burbine
|
Right to demand legal counsel present belongs only to the accused
|
|
|
|
Continued and Persistent Questioning of a Suspect by Police is Okay Even if the Suspect is Unwilling to Talk
|
However, his words cannot be used against him in court
But evidence obtained from the statements can be used against him |
|
|
|
Is an arrest legal if Miranda Rights are not given to a person in custoody
|
YES
|
|
|
|
Everyday Officer Priorities
|
Go Home Safe
Go Home Lawsuit Free: Protect Constitutional Rights, Act Ethically Threat Goes to Jail |
|
|
|
Level I of Force Continuum
|
Presence
|
Identification of Authority
|
|
|
Level 2 of Force Continuum
|
Verbal
|
Direct Order, Questioning
|
|
|
Level 3 of Force Continuum
|
Physical Contact
|
Escort Position, Discretional Contact
Verbal Resistance |
|
|
Level 4 of Force Continuum
|
Physical Control
|
Hair Takedown, Temporary Restraint: pressure point,
Active or Static Resistance |
|
|
Level 5 of Force Continuum
|
Serious Physical Injury
|
Neck Restraint, Impact Weapon, Focused Blows, Electrical Stun, Less Lethal Munitions
Ominous Resistance |
|
|
Level 6 of Force Continuum
|
Deadly
|
Any force readily capable of causing death or serious injury
Lethal Resistance |
|
|
Taser
|
50,000 volts of electricity target central nervous system causing temporary seizure
|
9th Circuit ruled must be immediate danger to cop
|
|
|
Immediate Danger
|
Severity of Crime
Threat to Officer Suspect must be evading or resisting arrest |
|
|
|
Excessive Force
|
Punishment
|
Intent of any force must be to gain cooperation or compliance
|
|
|
Justified Force
|
Minimum amount needed to overcome resistance
|
Once level of force is justified, the implement or delivery system is of no significance
|
|
|
Deadly Physical Force can be used if officer reasonably believes under the totality of the circumstances
|
Crime committed by the person was a felony or imminent use of force against a person
Kidnapping, arson, escape, burglary To protect the officer or another person from imminent use of deadly physical force Officer's life or personal safety is endanagered |
|
|
|
Ways a high speed pursuit end
|
Suspect stops voluntarily
Officer stops pursuing Officer can damage suspect's car or tires Tactical vehicle intervention suspect crashes Officer uses deadly force |
|
|
|
Mob
|
Leadership (antagonist)
Organization Common motive for action Emotion Irrationality |
|
|
|
Key factor differentiating a mob from a crowd
|
Law-Abiding
|
|
|
|
Riot
|
internal rapport
individual loses self control and responds to dictates of crowd as a whole mob anonymity absolves individual responsibility |
|
|
|
Types of Crowds
|
Casual
Conventional Expressive Hostile and Aggressive |
|
|
|
Casual Crowd
|
Happen to be present at a given place but not unified or organized--lack common interest
|
|
|
|
Conventional Crowd
|
Assembled for specific purpose and have similar common interests
|
|
|
|
Expressive Crowd
|
Involved in expressive behavior which shows emotion such as singing or dancing
Not destructively directed |
|
|
|
Hostile or Aggressive Crowd
|
Unorganized throng willing to be led into lawlessness but is hesitant because it lacks organiztion, courage, and unity of purpose
|
|
