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110 Cards in this Set
- Front
- Back
Law enforcement experts say that “__________ ___________" – gunfire that spreads “in the adrenaline-pumping, split-second heat of the moment among officers who believe that they or their colleagues, are facing a deadly threat – likely explained the number of shots fired during the Arian shooting. |
contagious shooting |
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Bill of Rights |
1. Freedom of speech religion, press 2. Rights to bear arms 3. No quartering of troops 4. Search and Seizure 5.Due process and self incrimination 6. right to public, speedy trial 7. Trial by jury exceeding $20 8. cruel and unusual punishment 9. rights not enumerated 10. rights reserved to the states respectively, or to the people |
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the constitution of the United States provides for a system of checks and balances among the _________, _____________, ___________ branches. |
legislative judicial executive |
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What does the Legislative branch do? |
passes federal laws |
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What branch determines the consitutionality of laws |
Judical Branch |
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What does the Executive or "Presidential" branch do? |
Enforce laws |
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What law became of the Mirandy versus Arizona case? |
requirment of a police" rights advisement" of suspects |
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The Fifth, Sixth, and Fourteenth amendment to the U.S. Constitution require ____ ________, which mandates that justice system officials respect the rights of an accused individual throughout the criminal justice process. |
Due process |
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also known as "probable cause" in a criminal proceeding, a "writ" issued by a judicial officer directing a law enforcement office to perform specified act and affording the officer protection from damages if he or she performs it. |
Warrant |
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Writ of Certiorari |
a writ issued from an appellate court for the purpse of obtaining from a lower court the record of its proceeding in a particular case |
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A legal principle that exclues from introducting at trial any evidence later developed as a result of an illegal search or seizure |
Fruit of the Poisionous tree doctrine |
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the case made the exclusionary rule applicable to criminal prosecutions at the state level |
Mapp vs Ohio (1961) |
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good-faith exception |
allow evidence that officers had seized in "reasonable good faith" to be used in court even though the search was later ruled illegal |
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a legal criteria are based on facts and circumstances |
probable cause |
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a precedent-setting court decision that produces substantial changes in both in the understanding of the requirements of due process and in the practical day-to-day operations of the justice system |
landmark case |
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Before a warrant can be issued, police officers must demonstrate _______ ________. |
probable cause |
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Police officers have the opportunity to begin investigations or to confiscate evidence, without a warrant, based on what they find in ______ ______ and open to public inspection |
plain view |
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a search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence |
emergency search |
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what seach is legally termed "Exigent cirumstances searches" |
emergency searches |
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According to the Legal Counsel Division of the Federal bureau of Investigation, there are three threats that "provide jusitification for emergency warrantless action" They are clear dangers, what are they" |
1. to life 2. of escape 3. of the removal or destruction of evidence |
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What situations may create an exception to the Fourth Amendment's requirement of a search warrant. |
If there are clear dangers to life, escape, or of the removal or destruction of evidence |
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Define an anticipatory warrant? |
are seach warrants issued on the basis of probably cause to believe that evidence of a crime, while not currely at the place described, will likely be there when the warrant is executed |
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What occurs wheneve a law enforcement officer restricts a person's freedom to leave. |
An arrest |
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The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense |
arrest |
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search incident to an arrest |
the U.S. Supreme Court has established a clear rule that police officers have the right to conduct a search of a person being arrested, regardless of gender, and to search the area under the arrestee's immediate control to protect themselves from attack. |
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Can be defined as a belief, based on a consideration of facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred |
reasonable suspicion |
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the information gathering activity of police officers that involves the direct questioning of suspects |
Interrogation |
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Interrogation may include: |
1. Stage line ups 2. Reverse line ups 3. positioning guilt 4. minimizing the moral seriousness 5. of crime, and casting blame on victim of society |
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Inherent Coercion |
the tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information |
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the manipulative actions by police interviewers, designed to pressure suspects to divulge information, that are based on subtle forms of intimidation and control |
psychological manipulation |
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Edwards VS Arizona |
established a "bright-line" rule for investigators to use in interpreting a suspects right to counsel |
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the advisement of rights due to criminal suspects by the police before questioning begins |
miranda warnings |
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Waiver of miranda rights |
suspects in police custody may legally waive their Miranda rights through a voluntary "knowing and intelligent" waiver |
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Telecommunications Act of 1996 |
Title V of the Telecommunication Act of 1996 made it a federal offense for anyone engaged in interstate or international communications to knowingly use a telecommunications device "to creat, solict, or initate the transmission of any comment, request, suggestion, proposal, image, or other communication which is obsene, lewd, lascivious, filty, or indecent with the intent to annoy, abuse, threaten or harass another person |
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Made it easier for police investigators to intercept many forms of electronic communication |
The USA Patriot Act of 2001 |
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Information and data of investigative value that are stored in or transmitted by an electronic device ( 4 special characteristics) |
Electronic Evidence |
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Latent Evidence |
evidence of relevance to a criminal investigation that is not readily seen by the unaided eye |
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the lawful seizure, acquistion, analysis, reporting, and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal even |
Digital criminal forensics |
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What are the four characteristics of Electronic Evidence? |
1. It is latent 2. It can be sent across national and state borders quickly and easily 3. it is fragile and can easily be altered, and damaged, compromised, or destroyed by improper handling or improper examination 4. it may be time sensitive |
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the set of informal values which characterized the police force as a distinct community with a common identity |
Police subculture |
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Police working personality |
all aspects of the traditional values and patterns of behavior demonstrated by police officers who have been socialized into police subculture |
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The abuse of police authority for personal or organizational gain |
police corruption |
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Internal Affairs |
the brance of a police organization tasked with the investigating chargers of wrongdoing involving members of the department |
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Are protections that officers have against self incrimination in the face of questioning |
Garrity Rights |
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Policing is a highly ___________, ___________ activity that routinely takes place in private settings, out of sight supervisors, and in the presence of witnesses who are often regarded as unreliable |
discretionary, coercive |
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The perspective holds that even a small thank-you accepted from a member of the public can lead to a more ready acceptance of larger bribes |
slippery slope |
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Give examples of Low Level Corruption |
Gratuities i.e free coffee Playing favorites, selective enforcement Minor Bribes |
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Give examples of High Level Corruption |
Violent Crimes, physical abuse of suspects Denial of civil rights Criminal Enterprise, resale of confiscated drugs |
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What are Grass Eaters? |
the most common form of police corruption, was described as illegitimate activity that occurs from time to time in normal course of police work |
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What is "Meat Eating" |
is a much more serious form of corruption, involving the active seeking of illicit money making opportunties by officers solict bribes through treat or intimidation |
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The difficulty of controlling corruption can be traced into several factors including: |
1. reluctance of police officers to report corrupt activities by their fellow officers 2. reluctance of police adminstrator to acknowledge the existence of corruption in their agencies 3. the lack of victims willing to reprot corruption |
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Drug testing of Police Employees |
Depending on the position held, random drug testing is mandatory i.e U.S Customs or areas such as narcotics and vice. |
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What are some dangers of policing work |
on the job police deaths occur from: stress, training accidents; auto crashes; violent death at hands of criminal offenders that police and their families fear most |
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What are some risk of disease and infected evidence |
biological weapon - a biological agent used to threaten human life (ex. anthrax, small pox, or any infectious disease) |
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What is intelligence led policing |
the collection and analysis of information to produce an intelligence end product designed to inform police decision making at both tactical and strategic levels |
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Where is intellengence gathered from? |
newspapers surveillance covert operations financial records electronic evidence interviews internet |
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What is criminal intelligence? |
is the result of a "process" that evaluates information collected from diverse sources. |
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Law enforcement intelligence consists of two types: What are they? |
Tactical Strategic |
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Suit of _____ ________ brought against law enforcement personnel are of two types: What are they? |
civil liability; state & federal |
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What is the potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a law suit. |
Civil liability |
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Criminal liability means ________ ____ _________ for a crime |
open to punishment |
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What are some major sources of police civil liability? |
Failure to protect property in police custody False arrest False imprisonment Racial profiling inappropriate use of deadly |
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What are some issues that most often result in civil suit against police departments and follow-up justice department investigations are: |
1. Police use of inappropriate force 2. Early intervention systems which flag officers who may be engaging in appropriate behavior 3. the inadequate and supervision of officers 4. biased policing and unlawful stops, searches, arrests 5. gender bias in the handling of sexual assaults 6. police interactions with persons with mental illness |
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Police use of force |
the use of physical restraint by a police officer when dealing with a member of the public |
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Examples of police use of force |
hitting, holding or restraining, pushing, choking |
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What is Excessive force? |
the application of an amount or frequency or force greater than that required to compel compliance from a willing or unwilling subject. |
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What is Level one of the Police use of force continuum ? |
Officer Presence -> physical appearance professional bearing |
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What is Level two of the Police use of force continuum? |
Verbal Commands -> clear, and deliberate |
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What is level three of the Police use of force continuum? |
Soft techniques -> pepper spray wrist lock |
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What is level four of the Police use of force continuum? |
Hard technique -> strike and take down |
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What is level five of the Police use of force continuum |
Deadly force -> Firearm Strike to vital areas |
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What is likely to cause death or great bodily harm |
deadly force |
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What is the Federal system composed of? |
U.S. District Court U.S Court of Appeals U.S Supreme Court |
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What is the State court system composed of? |
The Trial court The appellate court State Supreme court |
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What is the lawful authority of a court to hear cases that arise within a specific geographical area |
Originial jurisdiction |
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What are "State Trial Courts"? |
Trial courts are where criminal cases begin |
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What are the 4 steps in Trial court? |
1. Conducts arraignment 2. Sets bail 3. Takes pleas 4. Conducts trial |
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What is an appeal? |
asks that a higher court review the actions of a lower court |
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What is the U.S District Court? |
Trial courts |
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What is the U.S Court of Appeals? |
Hears appeals from district courts |
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What is the U.S. Supreme court composed of? |
Consists of 9 justices 8 associates + 1 chief justice |
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District court judges are appointed by the _________ and approved by the ________. |
president;senate |
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What are the three kind of appeals? |
Friviolous appeals Ritualistic appeals Nonconsensual appeals |
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Due process requirements of relevance to the police pertain to 3 major areas |
Evidence and investigation Arrest Interrogation |
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Jurors |
Citizens selected for jury duty in a court of law |
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Jurors |
Citizens selected for jury duty in a court of law |
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Trial courts are where criminal case begin. Trial court conducts... |
Arraignments, set bail, takes pleas and conducts trial |
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Edwards v Arizona |
Established a bright line rule use to interpret a suspects right to counsel |
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How are the names of prospective jurors gathered? |
From tax records, motor vehicle records, voter registration rolls |
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Court reporter |
Is to create a record of all that occurs during trial |
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3 types of challenges are recognized in criminal court |
Challenges to the array Challenges for cause Peremptory challenge |
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First appearance occurs when defendants are brought before a judge |
1) to be given notice of the charges against them 2) to be advised of their rights 3) to be given the opportunity to retain a lawyer or to have one appointed 4) to possibly be afforded the opportunity for bail |
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The federal deadly force policy as adopted by the FBI contains the following elements |
Defense of life Fleeing subject Verbal warning Warning shot Vehicle |
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U.S vs Bagley |
Prosecution must disclose any evidence that the defense requested |
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What are the two types of evidence ? |
Direct or circumstantial (indirect) |
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Expert witness |
Specialized skills and knowledge in a certain area |
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McNabb decision |
48 hours following arrest became the standard maximum time frame by which a first appearance should be held |
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What are alternatives to pretrial release? |
Release on recognizance Property bond Deposit bond Conditional release Third party custody Unsecured bond Signature bond |
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Define prosecutor |
Responsible for presenting the states case against the defendant |
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What is the role of the Defense counsel |
A trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime |
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Is the formal answer in court to the charge contained in a complaint : guilty, not guilty or no contest |
Plea |
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Reasonable grounds |
Probable cause |
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What is the criteria for release on recognizance |
No previous convictions
Residential stability
Good employment record |
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Negotiating an agreement between the defendant and prosecutor |
Plea bargain |
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Trial can be divided into two categories |
Professionals: are the official courtroom actors
Outsiders: participants who are only temporarily involved with the court |
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Any evidence seized w\o regard to the principle of due process as described by the bill of rights |
Illegally seized evidence |
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Expert witness |
Are recognized as having "specialized skills and knowledge" in an established profession or technical area |
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Tactical |
Is gaining or developing information |
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Provides information to decision making |
Strategic |
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Makes use of a persons demeanor actions, bearing, and manner to identify an offender before he can act |
Behavior profiling |