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110 Cards in this Set

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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

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

the constitution of the United States provides for a system of checks and balances among the _________, _____________, ___________ branches.

legislative


judicial


executive

What does the Legislative branch do?

passes federal laws



What branch determines the consitutionality of laws

Judical Branch

What does the Executive or "Presidential" branch do?

Enforce laws

What law became of the Mirandy versus Arizona case?

requirment of a police" rights advisement" of suspects

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

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

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

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

the case made the exclusionary rule applicable to criminal prosecutions at the state level

Mapp vs Ohio (1961)

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

a legal criteria are based on facts and circumstances

probable cause

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

Before a warrant can be issued, police officers must demonstrate _______ ________.

probable cause

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

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

what seach is legally termed "Exigent cirumstances searches"

emergency searches

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

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

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

What occurs wheneve a law enforcement officer restricts a person's freedom to leave.

An arrest

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

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.

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

the information gathering activity of police officers that involves the direct questioning of suspects

Interrogation

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

Inherent Coercion

the tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information

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

Edwards VS Arizona

established a "bright-line" rule for investigators to use in interpreting a suspects right to counsel

the advisement of rights due to criminal suspects by the police before questioning begins

miranda warnings

Waiver of miranda rights

suspects in police custody may legally waive their Miranda rights through a voluntary "knowing and intelligent" waiver

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

Made it easier for police investigators to intercept many forms of electronic communication

The USA Patriot Act of 2001

Information and data of investigative value that are stored in or transmitted by an electronic device ( 4 special characteristics)

Electronic Evidence

Latent Evidence

evidence of relevance to a criminal investigation that is not readily seen by the unaided eye

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

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

the set of informal values which characterized the police force as a distinct community with a common identity

Police subculture

Police working personality

all aspects of the traditional values and patterns of behavior demonstrated by police officers who have been socialized into police subculture

The abuse of police authority for personal or organizational gain

police corruption

Internal Affairs

the brance of a police organization tasked with the investigating chargers of wrongdoing involving members of the department

Are protections that officers have against self incrimination in the face of questioning

Garrity Rights

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

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

Give examples of Low Level Corruption

Gratuities i.e free coffee


Playing favorites, selective enforcement


Minor Bribes

Give examples of High Level Corruption

Violent Crimes, physical abuse of suspects


Denial of civil rights


Criminal Enterprise, resale of confiscated drugs

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

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

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

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.

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

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)

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

Where is intellengence gathered from?

newspapers


surveillance


covert operations


financial records


electronic evidence


interviews


internet

What is criminal intelligence?

is the result of a "process" that evaluates information collected from diverse sources.

Law enforcement intelligence consists of two types: What are they?

Tactical


Strategic

Suit of _____ ________ brought against law enforcement personnel are of two types: What are they?

civil liability; state & federal

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

Criminal liability means ________ ____ _________ for a crime

open to punishment

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

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

Police use of force

the use of physical restraint by a police officer when dealing with a member of the public

Examples of police use of force

hitting, holding or restraining, pushing, choking

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.

What is Level one of the Police use of force continuum ?

Officer Presence ->


physical appearance


professional bearing

What is Level two of the Police use of force continuum?

Verbal Commands ->


clear, and deliberate

What is level three of the Police use of force continuum?

Soft techniques ->


pepper spray


wrist lock

What is level four of the Police use of force continuum?

Hard technique ->


strike and take down

What is level five of the Police use of force continuum

Deadly force ->


Firearm


Strike to vital areas

What is likely to cause death or great bodily harm

deadly force

What is the Federal system composed of?

U.S. District Court


U.S Court of Appeals


U.S Supreme Court

What is the State court system composed of?

The Trial court


The appellate court


State Supreme court

What is the lawful authority of a court to hear cases that arise within a specific geographical area

Originial jurisdiction

What are "State Trial Courts"?

Trial courts are where criminal cases begin

What are the 4 steps in Trial court?

1. Conducts arraignment


2. Sets bail


3. Takes pleas


4. Conducts trial

What is an appeal?

asks that a higher court review the actions of a lower court

What is the U.S District Court?

Trial courts

What is the U.S Court of Appeals?

Hears appeals from district courts

What is the U.S. Supreme court composed of?

Consists of 9 justices


8 associates + 1 chief justice

District court judges are appointed by the _________ and approved by the ________.

president;senate

What are the three kind of appeals?

Friviolous appeals


Ritualistic appeals


Nonconsensual appeals

Due process requirements of relevance to the police pertain to 3 major areas

Evidence and investigation


Arrest


Interrogation

Jurors

Citizens selected for jury duty in a court of law

Jurors

Citizens selected for jury duty in a court of law

Trial courts are where criminal case begin. Trial court conducts...

Arraignments, set bail, takes pleas and conducts trial

Edwards v Arizona

Established a bright line rule use to interpret a suspects right to counsel

How are the names of prospective jurors gathered?

From tax records, motor vehicle records, voter registration rolls

Court reporter

Is to create a record of all that occurs during trial

3 types of challenges are recognized in criminal court

Challenges to the array


Challenges for cause


Peremptory challenge

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

The federal deadly force policy as adopted by the FBI contains the following elements

Defense of life


Fleeing subject


Verbal warning


Warning shot


Vehicle

U.S vs Bagley

Prosecution must disclose any evidence that the defense requested

What are the two types of evidence ?

Direct or circumstantial (indirect)

Expert witness

Specialized skills and knowledge in a certain area

McNabb decision

48 hours following arrest became the standard maximum time frame by which a first appearance should be held

What are alternatives to pretrial release?

Release on recognizance


Property bond


Deposit bond


Conditional release


Third party custody


Unsecured bond


Signature bond

Define prosecutor

Responsible for presenting the states case against the defendant

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

Is the formal answer in court to the charge contained in a complaint : guilty, not guilty or no contest

Plea

Reasonable grounds

Probable cause

What is the criteria for release on recognizance

No previous convictions



Residential stability



Good employment record

Negotiating an agreement between the defendant and prosecutor

Plea bargain

Trial can be divided into two categories

Professionals: are the official courtroom actors



Outsiders: participants who are only temporarily involved with the court

Any evidence seized w\o regard to the principle of due process as described by the bill of rights

Illegally seized evidence

Expert witness

Are recognized as having "specialized skills and knowledge" in an established profession or technical area

Tactical

Is gaining or developing information

Provides information to decision making

Strategic

Makes use of a persons demeanor actions, bearing, and manner to identify an offender before he can act

Behavior profiling