Ld2 Police Academy

Front 1

ABC

Back 1

Department of Alcoholic Beverage Control (State)

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ATF

Back 2

Alcohol, Tobacco, and Firearms Division (Federal)

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CDHS

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Department of Health Services (State)

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CHP

Back 4

California Highway Patrol (State)

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DEA

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Drug Enforcement Administration (Federal)

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DMV

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Department of Motor Vehicles (State)

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DOF

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Department of Forestry and Fire Protection (State)

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DOI

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Department of Insurance (State)

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DOJ

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Department of Justice (State)

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DPR

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Department of Parks and Recreation (State)

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F&G

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Department of Fish and Game (State)

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FBI

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Federal Bureau of Investigation (Federal)

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FTB

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Franchise Tax Board (State)

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INS

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Immigration and Naturalization Service (Federal)

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List 13 State agencies with LE responsibilities in CA

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Youth and Adult Correctional Agency, CHP, ABC, F&G, DOF, DOJ, DOI, DMV, DPR, FTB, SFM, University/College Police Departments CDHS

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List 8 local agencies with LE responsibilities in CA

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Airport Police, County Marshals, Housing Police, Municipal Police, School District Police, Sheriffs' Departments, Transportation Police, Port Authority Police

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List 9 Federal agencies with LE responsibility in CA

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U.S. Department of Homeland Security, FBI, DEA, U.S. Marshal Service, INS, ATF, SS, USPS, Armed Forces Police

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SFM

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Office of State Fire Marshal (State)

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SS

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Secret Service (Federal)

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USPS

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U.S. Postal Inspectors (Federal)

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YACA

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California Youth and Adult Correctional Agency

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Eighth Amendment

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(Bails, Fines, Punishment) - Freedom from excessive BAIL - Freedom from cruel and unusual punishments

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Fifth Amendment

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(Criminal Proceedings, Condemnation of Property) - Freedom from being tried for the same crime- Freedom from self-incrimination (Double Jeopardy)

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First Amendment

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(Restrictions on Powers of Congress) - Freedom of religion- Freedom of speech- Freedom of the press - Right to petition the Government for a redress of grievances

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Fourteenth Amendment

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(Citizenship, Due Process, and Equal Protection) - Basic right of a defendant in a judicial proceeding-The requisites for trial (DUE PROCESS)- Right to equal protection from the laws

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Fourth Amendment

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(Searches, Seizures, and Warrants)- Freedom From unreasonable searches and seizures

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Sixth Amendment

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(Mode of Trial in Criminal Proceedings)- Be told of charges as to why arrested - Right to a speedy trial- Right to a trial by an impartial jury- Right to confront witnesses- Right to council

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The law is equally applied to all people regardless of race, creed, national origin, wealth or status, or religious preference is:

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Fourteenth amendment

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What Amendment covers: Freedom from cruel and unusual punishment

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Eighth Amendment

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What Amendment covers: Freedom from excessive bail

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Eighth Amendment

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What Amendment covers: Freedom from self-incrimination

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Fifth Amendment

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What Amendment covers: Freedom of speech

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First Amendment

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What Amendment covers: Freedom of the press

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First Amendment

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What Amendment covers: Freedom unreasonable searches and seizures

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Fourth Amendment

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What Amendment covers: Right to a public trial by an impartial jury

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Sixth Amendment

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What Amendment covers: Right to be told of charges when arrested

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Sixth Amendment

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What Amendment covers: Right to counsel

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Sixth Amendment

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What Amendment covers: Right to due Process

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Fourteenth Amendment

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What Amendment covers: Right to equal protection of the law

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Fourteenth Amendment

Front 40

Which amendment guarantees to an individual the right to be advised by legal counsel when accused of a crime

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Sixth amendment

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Which of the following amendments to the U.S. Constitution has direct bearing on an officer's responsibility to advise a suspect of the right to remain silent.

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Fifth amendment

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Abet

Back 42

Implies having a guilty knowledge and felonious intent

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Accessory

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Anyone who, after a felony has been committed, meets all the following req: 1: has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony 2: harbors, conceals, or aids a principal in the felony 3:has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment (note: there are no accessories to misdemeanor crimes)

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Accomplice

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A principal to a crime when he or she testifies for the prosecution against another principal

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Aid

Back 45

Is actively assisting or supporting without knowledge of guilt

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Aids And Abets

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He or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or advice, the commission of the offense

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Amendment

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Modifications or changes made for the better, such as amendments to the U.S. Constitution

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Appeals

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Requests to a higher court to review or revise decisions made by the lower courts

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Appellate Courts

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Referred to as higher courts of the judicial system: hear appeals from lower court

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Arraignment

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Legal procedure where the court informs defendants of the nature of the charges against them & of their constitutional rights to have counsel, to plead guilty or not, and to have a jury trial

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Arrest

Back 51

Taking a person into custody in a case, and in the manner authorized by the law

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Bail

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Security deposit with a competent court or magistrate to ensure that the accused person will appear for trial when summoned

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Bill Of Rights

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The first 10 amendments to the U.S. Constitution

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Case Law

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Laws which are based on previous appellate court decisions that have become binding on lower court decisions

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Civil Law (Tort)

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Noncriminal violations of the law or private wrongs committed by one person against another

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Competent Court

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Any court, civil or criminal, having authority to handle a particular case.

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Constitution

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A written document that embodies the basic laws of a nation or state

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Constitution

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A written document that embodies the basic laws of a nation or state. Lays out framework for government

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Constitutional Law

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The rules and provisions found in the federal and state constitutions form the basis of modern constitutional law

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Criminal Law (Crimes)

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Deals with violations of the criminal statutes

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Criminal Negligence

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Failure to exercise ordinary care. Act that is aggravated or reckless and constitutes indifference to the consequences

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Defense Attorneys

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- Defending the accused - Defending the rights and privileges of citizens

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Due Process

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A course of legal proceedings according to the rules/principles established by governments: basic rights of defendant in J.P. and requisite for fair trial

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Elements Of A Crime

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Facts that must be proven by the prosecution to sustain a conviction. (intent or criminal negligence)

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Expost Facto Laws

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Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission

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Felony

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Punishable by a fine and/or imprisonment in state prison, death, or removal from office

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General Intent Crimes

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Crimes intent is presumed and does not have to be proven: battery, arson, transportation of drugs or ex-felon in possession of a firearm. Possession of less than an ounce of marijuana, it is not necessary to prove intent, only that the marijuana was possessed

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Grand Jury

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Citizens from w/in county who are sworn to receive complaints & accusations in criminal cases: responsible for determining if there is enough cause to believe person has committed a crime / stand trial

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Indictment

Back 69

- An indictment is an accusation in writing formally charging a person with a crime or public offense - Many states, including California, also use the grand jury indictment process to bring serious felony criminal cases to trial - It is the grand jury's responsibility to determine is there is sufficient cause to believe that a person has committed a crime and should be made to stand trial - A grand jury indictment is filed with the superior court by the district attorney. The court then issues a warrant and the offender is arrested. The defendant is then held for arraignment in superior court.

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Infraction

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Public offense punishable by a fine only

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Judges

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Administering justice in a fair and impartial manner by applying the facts of the law

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Letter Of The Law

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Law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation

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Magistrate

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Officer of the court having power to issue warrant for arrest

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Misdemeanor

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Punishable by a fine and/or imprisonment in a county jail

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Parole

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Conditional release from confinement. Allows to serve remainder of a sentence outside of prison

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Precedent

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The principle of case law

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Preliminary hearing

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A screening procedure used in felony cases to determine - if there is enough evidence - to hold a defendant for trial

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Preliminary Hearing

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Screening procedure used in felony cases. Determines if there is enough evidence to hold a defendant for trial

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Principals

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Include all persons involved in the commission of a felony or misdemeanor (note: a principal need not be present during the actual commission of the crime)

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Probation

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- A sentencing option for a convict - The suspension of an imposed sentence (by the court) and conditional, revocable release to the community

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Prosecuting Attorneys

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- Prosecuting individuals accused of criminal activities - Protecting public rights and privileges

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Right To Bail

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Defendant's constitutional right to reasonable bail to permit unhampered prep of a defense before trial

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Sentencing

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Judgment formally pronounced in court upon a defendant after conviction in a criminal trial

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Specific Intent Crimes

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Recognized by the language of the statutes, (with intent to, for the purpose of). Possession of marijuana with intent to sell: possession must be proven as well as intent to sell.

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Spirit Of The Law

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Means the law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not solely in literal compliance with the words of the statute

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Statutory Law

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Laws which are enacted by a legislative body and recorded in the various state, county or municipal code sex: state assembly, state senate, city council

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T/F: Basic rights & freedom protected by US Constitution & it's amendments apply to certain individuals if citizens.

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FALSE: Applies to ALL individuals in US REGARDLESS of citizenship

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T/F: L.E. are bound to protect the rights & freedom of ALL individuals as guaranteed in the US Constitution, Bill of Rights & later amendments

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TRUE: Police are bound to oath to protect and prevent infringement of rights of others

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The criminal justice system gives L.E. 2 extraordinary powers, what are they?

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- Power of Arrest - Power of deadly force

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The first 10 amendments of the US Constitution are called?

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Bill of Rights (Further clarified rights of the individuals under US Constitution)

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The Police Department is what?

Back 91

Part of the government which enforce laws.

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Transferred Intent

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Unlawful act affects a person other than, or in addition to, the person it was intended to affect (drive by with innocent victims)

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Trial

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Formal judicial examination and determination of issues (law or fact) b/w parties

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Trial Courts

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Lower courts: receive evidence & consider cases involving criminal or civil

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U.S. Constitution and California Constitution identifies what?

Back 95

Powers & duties of government Rights afforded to ALL people in country/state.

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What are the (6) Amendments that have direct impact on P.O's actions/conducts?

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First, Fourth, Fifth, Sixth, Eighth, Fourteenth.

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What are the 3 branches of governments?

Back 97

- Executive - Legislature - Judicial (Federal Level: President, Senate / Congress, Supreme Court State Level: Governor, State Assembly, Supreme Court)

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What are the different level courts in CA?

Back 98

One Supreme Court (highest) Appellate Courts (higher) Trial Courts (lower)

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What are the judicial steps for criminal cases?

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Arrest, Arraignment, Right to Bail, Bail, Preliminary Hearing, Indictment, Trial, Sentencing, Grand Jury.

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What are the primary positions (jobs) that are part of the judicial system?

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Judges, Defense Attorneys, Prosecuting Attorneys

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What does the Bill of Rights do?

Back 101

Limit the power of state & local & federal governments

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What is U.S. Constitution?

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Highest law of the land in which all public officials are bounded by oath to enforce.

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What level in the branches of governments interprets the constitution?

Back 103

Judicial Branch Example: Supreme Court

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When did the U.S. Constitution become effective?

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1789 upon ratification of 9 of 13 states. May 1790 remaining states ratified it

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Wobbler

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A crime that can be punished either as a felony or misdemeanor

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A major goal of the criminal justice system is to:

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Dispense equal justice

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A parolee notified her parole officer of her move one week after she moved. Has the parolee complied with the conditions imposed by the state?

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No (must notify within 72 hours)

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A preliminary hearing is held to determine whether or not:

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There is enough evidence to hold a defendant for trial

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Bill of Rights First 10 amendments of the Constitution

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1. Restrictions of Powers of Congress 4. Searches, Seizures and Warrants 5. Criminal Proceedings, Condemnation of Property 6. Mode of Trial in Criminal Proceedings 8. Bails, Fines and Punishments 14. Citizenship, Due Process and Equal Protection

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California Board of Prison Terms

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Supervises inmates who have been released on parole from CDCR

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California Department of Corrections (CDCR)

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- Operates the State's adult prison system - Confines felons who have been sentenced to state prison

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California Department of Corrections and Rehabilitation - Juvenile Division

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- Operates the State's youthful offender detention system - Confines offenders (wards) between the ages of 13 and 25

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Common Conditions of Probation

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Probationers are commonly required to: - comply with all instructions of and maintain contact with their probation officer - not use alcohol or other intoxicants - not associate with certain specified individuals - not possess firearms or other weapons

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Conditions of Parole

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Parolees must:- comply with all instructions of their parole officers - not travel more than 50 miles from their residence without prior approval from their probation officers - not be absent from their county of residences for more than 48 hours without prior written approval from their parole officers - inform their parole officers within 72 hours of any change of employment, employment location, or termination of employment - not engage in conduct prohibited by law: must inform their parole officers if they are arrested for a felony or misdemeanor crime, - now own, use, have access to, or have under their control any:

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Definition of Probation

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- The suspension of the imposition or execution of a sentence and the order (by the court) of conditional and revocable release in(to) the community. Penal Code Section 1203 - a sentencing option for an individual convicted of a criminal offense

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Describe how the rights of speech should be exercised & give examples of it's not protected under 1st Amendment

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Reasonably! Can't use "fighting words" - shout FIRE in crowded auditorium, disturb assembly, urge others to commit crime, encourage violence, falsely report bomb

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Does the 1st Amendment protect people using offensive words?

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No! Only words, shouting, or cheering that are intended to express ideas are protected. Fighting words that provoke a VIOLENT REACTION is not. This reaction applies to everyone, including police officers.

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List the restrictions on Powers of Congress on the 1st Amendments

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- Separation of Church & State- Government cannot endorse any religion. - People have a choice to worship or not. - Individuals have right to freedom of speech, press, & assembly- Those who feel they have wronged have the right to petition the government to rectify circumstances

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Local Government Agencies

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- oversees the operation of detention facilities that confine people - awaiting trial - sentenced to less than one year

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Parole imposition

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- imposed by an administrative board at a parole hearing - dependent upon: - statutory requirements, - the type of sentence being served, and - institutional recommendations

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Parole is administered by?

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- Parole and Community Services of the CDCR, or - CDCR - Juvenile Division

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Parole is revocable by:

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- parole agent - administrative board review

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Parole Search Conditions

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An officer may conduct a parole search without reasonable suspicion but cannot conduct a parole search for arbitrary, capricious or harassment reasons - the officer must know about the parole conditions before the search

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Possible Conditions of Probation

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Probationers may be required to: - serve time in jail as an alternative to prison - pay a fine - make restitution - secure a bond - participate on work projects - submit to drug testing - submit to warrantless searches at any time without reasonable suspicion of criminal activity on the part of the probationer

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Probation imposition

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imposed at the court's discretion in the county where the offense occurred

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Probation is administered by?

Back 126

County probation departments

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Probation is revocable by:

Back 127

- probation officer recommendation - court enactment

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T/F - Parole is a conditional release from confinement granted after a prisoner has served time in a state prison.

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True

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T/F: PO are not responsible for protecting individual rights against infringement by others.

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FALSE: It is responsibility for PO to protect against infringement

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T/F: PO are required to ensure that a person's 1st Amendment rights are protected & enforced.

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True

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The Board of Prison Terms (BOPT) is responsible for:

Back 131

Administration of parole of prisoners released from CDC institutions.

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The CDCR is responsible for:

Back 132

The incarceration of convicted adults, usually over 21 years old

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The components of the criminal justice system include the:

Back 133

Corrections, judicial, and law enforcement.

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The criminal justice system is made up of three components:

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Law enforcement, Judicial, Corrections

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The objectives of the judicial component of the criminal justice system include:

Back 135

Providing due process of the law. Dispensing just punishment

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The right to privacy is one of the fundamental rights guaranteed by the Bill of Rights.

Back 136

True

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What are the 7 primary goals of the criminal justice system?

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- Guarantee due process - Prevent Crime - Protect life and Properly - Uphold and Enforce the Law - Dispense Equal Justice - Apprehend offenders - Assure Victim’s Rights

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What are the objectives of the corrections component of the crim. justice system?

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- Confining prisoners - Rehabilitating prisoners - Supervising parolees and probationers in the community, and - Assuring victim's rights

Front 139

Youthful Offender Parole Board

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Supervises wards who have been released on parole from CDCR - Juvenile Division