Legal (Chapter 2)

Front 1

Is a form of social control or a method of encoring people to behave in a certain way.

Back 1

Law

Front 2

The rules of society, which developed naturally, have been codified by being written down. This natural development of law is sometimes referred to as what?

Back 2

Common Law

Front 3

What is based primarily on English common law?

Back 3

The American Legal System

Front 4

Defines the form of government and its three-branch structure (executive, legislative, and judicial)

Back 4

Constitutional Law

Front 5

Is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need.

Back 5

Statutory Law

Front 6

Within statutory law, some provisions define unacceptable behaviors and government prosecution of those who commit them. These statutes are called what?

Back 6

Criminal Law (and must clearly describe the unacceptable behavior and set a punishment for it.

Front 7

Statutes enacted by a municipal (city) or county government are known as what?

Back 7

Ordinances

Front 8

Pertains to the legal actions that a person takes to resolve a private dispute with another person

Back 8

Civil Law

Front 9

Is the body of law that allows for the creation of public regulatory agencies.

Back 9

Administrative Law

Front 10

Is formed by the decisions of the court system (the judicial branch).

Back 10

Case Law

Front 11

___ must abide by the limitations that the constitution sets and the case law decisions that interpret those limitations.

Back 11

Law Enforcement Officers

Front 12

___Protects individuals from governmental abuse of power and defines law enforcement's authority to act.

Back 12

The Constitution

Front 13

____ forms the Constitution's main body.

Back 13

The Article of the Constitution

Front 14

Set forth in Article VI, the ____ states that when laws conflict, federal law generally overrules state and local law.

Back 14

Supremacy Clause

Front 15

___ can be more restrictive than federal law, but it cannot undermine the federal standard.

Back 15

State Law

Front 16

____ affect law enforcement officers more than any other part of the Constitution. Their purpose is to ensure that individual rights are not infringed upon by the government.

Back 16

The Amendments to the Constituion

Front 17

The first ten amendments to the U.S. Constitution comprise the?

Back 17

Bill of Rights

Front 18

Guarantees the right to be informed of the nature of the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face an impartial jury.

Back 18

The Sixth Amendment

Front 19

Guarantees the right to bear arms.

Back 19

The Second Amendment

Front 20

Is best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.

Back 20

The Fifth Amendment

Front 21

Protect freedom of speech, press, peaceful assembly, and religion.

Back 21

The First Amendment

Front 22

Prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (Judge).

Back 22

The Fourth Amendment

Front 23

Prohibits excessive bails and fines and cruel and unusual punishment.

Back 23

The Eight Amendment

Front 24

No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the law.

Back 24

The Fourteenth Amendment

Front 25

Requires the government to be fair when taking someone's life, liberty, or property.

Back 25

Due Process Clause

Front 26

Broadly decribes criminal or noncriminal acts that are punishable under Florida Law.

Back 26

Offense

Front 27

Are punishable by incarceration and classified as either felony or misdemeanor.

Back 27

Criminal Offenses

Front 28

Are punishable by monetary fines or something other than incarceration.

Back 28

Noncriminal Offenses or Civil Infractions

Front 29

Is any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year.

Back 29

Felony

Front 30

The highest class of felony, which could include death or life imprisonment without the possibility of parole.

Back 30

A Capital Felony

Front 31

Up to life in prison, a fine up to $15,000, or both.

Back 31

Life Felony

Front 32

Maximum penalty of 30 Years in prison, a fine up to $10,000, or both. (However, certain __ felonies specifally carry a maximum penalty of life in prison.

Back 32

First-Degree Felony

Front 33

Maximum penalty of five years in prison, a fine up to $5,000 or both.

Back 33

Third-Degree Felony

Front 34

Maximum penalty of fifteen years in prison, a fine up to $10,000 or both.

Back 34

Second-Degree Felony

Front 35

Is any criminal offense with a maximum incarceration penalty in a county jail of up to one year.

Back 35

Misdemeanor

Front 36

Carries a maximum penalty of one year in a county jail, a fine of $1,000, or both.

Back 36

First-Degree Misdemeanor

Front 37

Carries a maximum penalty of 60 days in a county jail, a fine of $500, or both.

Back 37

Second-Degree Misdemeanor

Front 38

An offense for which the only penalty may be a fine, forfeiture, or other civil penalty.

Back 38

Noncriminal Violation (Civil Infractions)

Front 39

Maximum penalty for violating a local criminal ordinance

Back 39

Fine up to $500 or incarceration in a county jail for up to 60 days and/or both.

Front 40

Occurs when a defense attorney makes a motion to exclude evidence obtained by the police

Back 40

Suppression Hearing

Front 41

Occurs when an officer cites into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregaurd the police and go about his or her business.

Back 41

Consensual Encounter

Front 42

Is something described as a hunch or gut feeling based on the law enforcement training and knowledge.

Back 42

Mere Suspicion

Front 43

If the officer has a reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation.

Back 43

Investigative Stop (Terry Stop)

Front 44

Is the standard of justification needed to support a legal "Terry" stop or investigative detention.

(some times called articulable suspicion or founded suspicion)

Simply means that an officer can articulate, or put in to words, facts that support a suspicion that the person stopped may be involved in a law violation.

Back 44

Reasonable Suspicion

Front 45

the court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed.

Back 45

Terry vs Ohio

Front 46

This rule allows the officer to seize the contraband even if it does not feel like a weapon.

Back 46

Plain Touch/Feel Doctrine

Front 47

The officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity.

Back 47

Pretext Stops

Front 48

Is a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances.

Back 48

Probable Cause

Front 49

In deciding whether the reasonable suspicion or probable cause standard have been met, courts review all factors known to the officer at the time of the incident.

Back 49

Totality of Circumstances

Front 50

Sources used to establish probable cause or reasonable suspicion

Back 50

must be those that the courts recognizes as reliable.

Front 51

What are the commonly recognized sources for officers to rely on?

Back 51

The fellow officer rule

Citizen informant

Corroborated (verified) anonymous tips

Reliable and credible confidential information

Line-Ups

Show-Ups

Front 52

Involves relying on the collective knowledge of other officers when taking law enforcement actions.

Back 52

Fellow Officer Rule

Front 53

Is a presentation of series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect.

Back 53

Photographic Array

Front 54

Is the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non-suggestive manner for the purpose of identification.

Back 54

Live Line-Up

Front 55

Occurs when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification of the suspect in the field by a victim or witness.

Back 55

Show-Up

Front 56

Is a standard used to determine if a criminal defendant is guilty.

Back 56

Proof beyond a reasonable doubt

Front 57

Different standards of proof are used in what cases in Florida?

Back 57

Civil Cases and Administrative Cases

Front 58

The burden of proof in civil cases is what?

Back 58

The greater weight (preponderance) of the evidence.

(This is a lesser standard than proof beyond a reasonable doubt).

Front 59

In administrative proceedings, the burden of proof is what?

Back 59

Clear and convincing evidence

(This is a lesser standard than proof beyond a reasonable doubt).

Front 60

Occurs when the government intrudes into a place where a person has a reasonable expectation of privacy.

Back 60

Search

Front 61

Occurs when the government affects a person's right to have or control his or her property, usually by physically taking it.

Back 61

Seizure

Front 62

Is a court order that authorizes law enforcement to conduct a search and seizure.

Back 62

Search Warrant

Front 63

Search warrants must meet what legal requirements?

Back 63

-Authorized and signed by the judge

-Must be based on the affidavit thats states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched.

-The basis of the information in the affidavit must come from reliable sources.

Front 64

The Supreme Court has ruled that evidence obtained by the government in a violation of the Constitution cannot be used as evidence

Back 64

Exclusionary Rule

Front 65

If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted.

Back 65

Good Faith Doctrine

Front 66

Are areas of someone's property where there is no reasonable expectation of privacy.

Back 66

Open Fields and Abandoned Property

Front 67

Any contraband can be seized without a warrant as long as these 3 conditions are met:

Back 67

-The Officer is lawfully present in the place where he or she sees the item

-The item is in plain sight

-The Officer has probable cause to believe that the item is contraband or crime evidence

Front 68

Probable cause is required for a mobile conveyance search. Sometimes called what?

Back 68

Carroll Doctrine

Front 69

Are certain emergencies such as the case of evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry.

Back 69

Exigent Circumstances

Front 70

Is one of the exigent circumstances that permits search and seizure without a warrant.

Back 70

Destruction of Evidence

Front 71

Allows an officer to enter a residence or other private place, while chasing a suspect.

Back 71

Fresh Pursuit

Front 72

Fresh Pursuit requires what 3 things?

Back 72

-Probable Cause that the suspect committed a serious crime

-Immediate or continuos pursuit of the suspect

-Probable cause that the suspect is in the premises that is being entered without a warrant

Front 73

Involves a situation in which officers may make a warrantless entry in order to ensure their own safety or that of the public.

Back 73

Emergency Scene Exception

Front 74

Do not require probable cause, reasonable suspicion, or even mere suspicion

Back 74

Consent Searches

Front 75

May be valid if the individual has mutual access and control over the area to be searched.

Back 75

Third Party Search

Front 76

In cases involving _____, the consent of a parent or guardian will generally overrule objection by the child.

Back 76

Juveniles

Front 77

Consent may be withdrawn at anytime during a search. Once withdrawn, officers must what?

Back 77

Stop searching immediately

Front 78

Are not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft.

Back 78

Inventory Searches

Front 79

Generally do not require a warrant due to the setting or special conditions

Back 79

Administrative Searches

Front 80

When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant.

Back 80

Incident to Arrest

Front 81

Is the arrestee's person and area "within the immediate control of the arrestee" at the time of arrest.

Back 81

The scope of a search incident to arrest

Front 82

Is limited to the items being searched

Back 82

The scope of constitutional searches

Front 83

Is a civil proceeding in which the law enforcement agency asks the court to transfer ownership of the property from the defendent to the government.

Back 83

Forfeiture

Front 84

Defined as depriving a person of his or her liberty by legal authority.

Back 84

Arrest

Front 85

Is a court order authorizing law enforcement to take the individual named on the warrant into custody to answer for the charges specified in the warrant.

Back 85

Arrest Warrant

Front 86

Is a written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time.

Back 86

Notice to appear

Front 87

Is a sworn, written statement by law enforcement officer establishing certain facts and circumstances to justify an arrest.

Back 87

Probable cause affidavit (arrest affidavit)

Front 88

Is a legal doctrine that permits a law enforcement officer to make arrest of a fleeing suspect who crosses jurisdictional lines.

Back 88

Fresh Pursuit

Front 89

As any force that is likely to cause death or great bodily harm.

Back 89

Deadly Force

Front 90

Means the suspect is deprived of freedom in a significant way.

Back 90

Custody

Front 91

Before a person can be charged with a criminal offense, the officer must have evidence that a crime has been committed. This is a legal principle known as what?

Back 91

Corpus Delicti (or "body of offense")

Front 92

Purposely doing what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet its outcome.

Back 92

Intent

Front 93

Defines most criminal offenses and requires some forbidden act by the offender

Back 93

General Intent

Front 94

Requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act.

Back 94

Specific Intent

Front 95

Is present when an intentional act harms an unintended second victim.

Back 95

Transferred Intent

Front 96

Imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.

Back 96

Criminal Negligence

Front 97

Is consciously doing an act that the person knew or should have known was likely to cause death or great bodily injury.

Back 97

Culpable Negligence

Front 98

An act that the law makes punishable

Back 98

Crime

Front 99

Knowingly obtaining, using or endeavoring to obtain or use property of another with the intent to temporarily or permanently deprive the other person of the use of property.

Back 99

Theft

Front 100

Taking possession of or carrying away of merchandise, money, or negotiable instruments; altering or removing a label or price tag.

Back 100

Retail Theft

Front 101

Taking money or property from the victim or custody of the victim.

Back 101

Robbery

Front 102

Is any person who has information about some element of the crime or about evidence or documents related to the crime.

Back 102

Witness

Front 103

Is a person or entity which suffers an injury as a result of a crime

Back 103

Victim

Front 104

Is a person believed to have committed a crime.

Back 104

Suspect

Front 105

If the defendant helped another person or other people to commit or attempt to commit a crime, the defendant is a what?

Back 105

Principal in the first degree

Front 106

A person who aids or contributes in the commission or concealment of a crime.

Back 106

Accessory

Front 107

Accessory after the fact as an offense with all of the following elements:

Back 107

-An offender commits a felony

-After committing the felony, another person maintains or assists the offender.

-While giving assistance, the person knows that the offender committed the felony.

-The person assist with the intent of helping the offender avoid or escape detection, arrest, trial or punishment

Front 108

Is an offense when either the person did some act toward committing the crime that went beyond just thinking or talking about it; or the person would have committed the crime except that someone prevented him from doing so, or the person failed.

Back 108

Attempt

Front 109

An officer has a responsibilty to investigate and notify the state attorney of any evidence that may point to the suspect's innocence is known as what?

Back 109

Exculpatory Evidence

Front 110

Is a suspect or defendant's claim that he or she was not present when the alleged act was committed.

Back 110

Alibi

Front 111

A legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances.

Back 111

Mistake or ignorance of fact

Front 112

A person faces a threat from another and commits a criminal act in response may have legal defense of what?

Back 112

Duress or Coercion

Front 113

A person may legally use force to defend against the use of force by another.

Back 113

Justifiable use of force

Front 114

Is a common legal term that describes the justifiable use of force that is necessary to protect oneself.

Back 114

Self-Defense

Front 115

Common legal term describing a person's authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes is pessary to protect his or her possessions from trespass or theft or to stop these acts.

Back 115

Defense of property

Front 116

Occurs when a law enforcement officer uses undue persuasion or fraudulent means to induce a person to commit a crime he or she would not have otherwise committed.

Back 116

Entrapment

Front 117

Any mental disorder so severe that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility.

Back 117

Insanity

Front 118

A criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. A person deemed ___ at the time of trial cannot legally stand trial or testify.

Back 118

Mental Incompetence

Front 119

Bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred.

Back 119

Statute of limitations

Front 120

Is information that is allowed in court, while proof is the effect produced by that information.

Back 120

Evidence

Front 121

Is that which proves a fact without an inference or presumption and which, is true in itself, conclusively establish that fact.

Back 121

Direct Evidence

Front 122

Requires an inference or presumption to establish a fact.

Back 122

Circumstantial or Indirect Evidence

Front 123

Is witness statements tending to prove or disprove facts about the case.

Back 123

Testimonial Evidence

Front 124

Is anything written or printed which is offered to prove or disprove facts pertaining to the case.

Back 124

Documentary Evidence

Front 125

Refers to actual objects which may be offered to prove facts about a case

Back 125

Physical or Real Evidence

Front 126

Are the objects obtained by the defendant as a result of committing the crime.

Back 126

Fruits of a Crime

Front 127

Are items used by the the defendant to commit the crime

Back 127

Instrumentalities

Front 128

Is anything that is illegal to possess

Back 128

Contraband

Front 129

The legal requirements that must be met before a jury is allowed to see or hear about the evidence.

Back 129

Admissibility of Evidence

Front 130

Is a statement other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted.

Back 130

Hearsay

Front 131

Are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness.

Back 131

Excited Utterances

Front 132

Occurs when an Officer is found guilty of committing a crime and is sentenced to incarceration or other penalties.

Back 132

Criminal Liability

Front 133

Is responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence.

Back 133

Civil Liability

Front 134

A civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity.

Back 134

Tort

Front 135

Is failure to use due or reasonable care in a situation that results in harm to another.

Back 135

Negligence

Front 136

The defendant unreasonably failed in the duty he or she was obligated to perform.

Back 136

Breach of Duty

Breach- Means A Failure of some kind

Front 137

The legal phrase for the link between the breach of duty and harm caused (damages).

Back 137

Proximate Cause

Front 138

Designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers.

Back 138

Compensatory Damage

Front 139

Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.

Back 139

Punitive Damage

Front 140

An unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law.

Back 140

Civil Rights Violation

Front 141

When an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation, he or she is acting under what?

Back 141

Color of the law

Front 142

Arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency 's orders or policy.

Back 142

Direct Liability

Front 143

Occurs when one person or entity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury.

Back 143

Vicarious Liability

Front 144

Neglecting to perform what the law or duty requires.

Back 144

Omission

Front 145

Is derived from the common law idea that the king and his agents can do no wrong.

Back 145

Sovereign Immunity

Front 146

The range of reasonable and foreseeable activities that an employee does while carrying out the employer's business.

Back 146

Acting within the scope of employment

Front 147

Protects government officials...from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Back 147

Qualified Immunity

Front 148

When sudden peril requires instinctive action, an officer is not required to use the same degree of care as when there is time to reflect.

Back 148

Emergency Doctrine

Front 149

When the creditor is entitled to possession of collateral after default, the creditor may go to court and obtain an order entitling the creditor to possession. This order is called what?

Back 149

Writ of Replevin

Front 150

Florida law permits a creditor to take possession of the collateral after default without a court order, if that can be done without breach of the peach. This is called what?

Back 150

Self-Help Repossession

Front 151

Any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years.

Back 151

Child, Juvenile, or Youth

Front 152

Is a juvenile who has been found by the court to have committed a violation of the following: Sexual battery, prostitution, lewdness and indecent exposure, sexual performance by a child, or obscenity.

Back 152

Juvenile Sexual Offender

Front 153

Is a description of the suspect's name, and any additional information that would help apprehend the suspect.

Back 153

BOLO (Be On The Look Out)

Front 154

An officer may issue a notice to appear except what following circumstances?

Back 154

-The accused fails to identify him/herself

-Accused refused to sign the NTA

-The officer has reasons to believe that the accused constitutes an unreasonable risk of bodily injury to the accused or others.

-Accuse may not respond to the notice

-If the accused is wanted in any jurisdiction

-Accused has failed to respond to previous NTA's

Front 155

Tennessee law which allowed law enforcement officers to use what ever force was necessary to stop fleeing felons.

Back 155

Tennessee vs. Garner

Front 156

The landmark decision in suspect interrogation was what?

Back 156

Miranda decision in 1966

Front 157

What are the four elements to the Miranda decision?

Back 157

-Custody

-Interrogation

-Understanding

-Free and voluntary waiving of rights

Front 158

Includes questioning initiated by law enforcement that is directly or indirectly intended to elicit an incriminating response.

Back 158

Interrogation

Front 159

In order to carry out this intent, the offender agreed, conspired, combined, or confederated

Back 159

Conspiracy

Front 160

The offender commanded, encouraged, hired, or requested the other person to engage in specific conduct which would constitute the commission of the offense or attempt to commit the offense.

Back 160

Solicitation

Front 161

Is a possible excuse against civil or criminal liability. Defendants who use this defense argue they should not be held liable because the acts in question were committed with the victims ____ and permission.

Back 161

Consent

Front 162

Evidence is offered in court for 3 basic reasons

Back 162

-To prove or disprove a crime

-To support or undermine other evidence

-To help determine an appropriate sentence

Front 163

Which amendment requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.

Back 163

The Fifth Amendment

Front 164

Guarantees the right to be informed of the nature of the charges, receive counsel, confront witnesses, and face an impartial jury

Back 164

The Sixth Amendment