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Law > Law - final exam > Flashcards

Law - final exam Flashcards

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1
Q

Pillars of review

A

Criminal
Civil
Administrative

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2
Q

Amendments we need to know as LEOs

A 
1st
2nd
4th
5th
6th
8th
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3
Q

Civil War amendments

A

13th
14th
15th

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4
Q

Types of case law

A

Binding

Persuasive

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5
Q

Types of jurisdiction

A

Subject matter

Territorial

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6
Q

Levels of criminal culpability

A

Knowingly
Intentionally
Recklessly
Strict liability

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7
Q

Standards of proof

A 
Beyond a reasonable doubt
Clear and convincing
Probable cause
Preponderance of the evidence
Reasonable suspicion
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8
Q

Common enhancements

A 
Children are victims and/or present
Weapons involved
Proximity to schools
Public safety personnel are victims
Injury level
Prior convictions for same offense
Amount or weight of narcotics
Amount of goods stolen or taken
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9
Q

Types of criminal offenses

A

Felony

Misdemeanor

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10
Q

Indiana’s levels of offenses

A

Felony, 1 –> 6

Misdemeanor, A –>C

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11
Q

What are the four types of inchoate offenses?

A

Attempt
Conspiracy
Solicitation
Abandonment

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12
Q

Types of legal mistakes

A

Mistake of fact

Mistake of law

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13
Q

What are the five theories of punishment?

A 
Rehabilitation
Retribution
Incapacitation
Deterrence
Restoration
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14
Q

Define reasonable suspicion

A

When a reasonable officer, based on facts and circumstances known to the officer, drawing upon his/her training and experience, believes criminal activity is afoot

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15
Q

Define probable cause

A

When an officer has knowledge of facts and circumstances that would warrant a reasonable person to believe the suspect has committed the criminal act in question.

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16
Q

Levels of detention and matching proof required

A 
Jail/prison --> Beyond a reasonable doubt
Arrest --> Probable cause
Custody --> Probable cause
Terry Stop --> Reasonable suspicion
Infraction/ordinance violation
17
Q

When does an officer, in Indiana, make forcible entry

A

Anytime an officer, without consent, breaks the plane

18
Q

An Indiana LEO can make an arrest when they have

A

Warrant
Probable cause for a felony
Misdemeanor committed in an officer’s presence
Misdemeanor from exception list

19
Q

What are the ten misdemeanor exceptions?

A

Domestic battery
Battery with injury
Carrying a handgun without a license/altered license
Operating a vehicle while intoxicated
Failure to stop at the scene of an accident
Violation of probation
Transporting a destructive device
Theft
Invasion of privacy
Interfering with the reporting of a crime

20
Q

A search occurs when

A

A person’s property is trespassed (Olmstead), or

An expectation of privacy that society is prepared to consider reasonable is infringed. (Katz)

21
Q

What are the four clearly established warrant exceptions for a search? (types of searches)

A

Vehicle frisk
Vehicle inventory
Search incident to arrest
Exigent circumstances

22
Q

What are the three exigent circumstances that exempt from a warrant

A

To protect or preserve life or avoid serious injury

Evidence is in imminent danger of being destroyed

Stopping a fleeing suspect/hot pursuit

23
Q

Three prongs from the Litchfield Test

A

The degree of concern, suspicion, or knowledge that a violation has occurred,

The degree of intrusion the method of the search or seizure imposes on the citizen’s ordinary activities, and

The extent of law enforcement needs.

24
Q

Define seizure

A

When a reasonable person does not feel that they are free to terminate the encounter

25
Q

A seizure occurs when

A

When a person submits to a lawful order by a LEO

When a LEO compels a person by force

26
Q

Define hearsay

A

An out-of-court statement, offered in court, to prove the truth of the matter asserted

27
Q

What are the exemptions to hearsay?

A

Excited utterance

Dying declaration

28
Q

What is the Brady Rule

A

Prosecution must hand over any/all exculpatory evidence to the defense

29
Q

Custody + interrogation requires

A

A valid Miranda waiver

30
Q

Define custody

A

A restriction of freedom that closely resembles arrest

31
Q

Define interrogation

A

Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect

Law (5 decks)

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