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Police Academy > Legal > Flashcards

Legal Flashcards

0
Q

Written and enacted by Congress, state leg, or local governing authorities in response to a perceived need to clarify the function of govt. This type of law includes civil, criminal, administrative, and regulatory laws.

A

Statutory Law

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1
Q

Defines the form of govt we use. Defines representational govt and it’s 3 branches. Defines the powers and limitations of each branch.

A

Constitutional Law

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2
Q

Statutes enacted by a municipal or county govt.

A

Ordinances

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3
Q

Forms of social control.

A

LAW
MORALITY
RELIGION

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4
Q

These maintain order, protect ownership of property, regulate business, and raise revenue.

A

LAWS

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5
Q

Define unacceptable behaviors and govt prosecution of those who commit them. Must clearly describe unacceptable behavior and set a punishment for it.

A

Criminal Law

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6
Q

Body of law formed by the decisions of the court system. These court-imposed decisions are based on the court’s interpretation of constitutional provisions. Clarify the meaning of a statute or rule.

A

Case Law

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7
Q

Legal action a person takes to resolve a private dispute with another person. Person filing lawsuit must have a recognized cause of action.

A

Civil Law

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8
Q

Cause of action pertains to….

A

Civil cases

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9
Q

A criminal statute pertains to….

A

Criminal cases

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10
Q

These amendments are of particular importance to law enforcement, as they concern issues of officer liability.

A 
1st
2nd
4th
5th
6th
8th
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11
Q

States that when laws conflict, federal law overrules state and local law. State law can be more restrictive than federal law, but it cannot undermine the federal standard.

A

Article IV Supremacy Clause

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12
Q

This part of the constitution affects LEOs more than any other part. Their purpose is to ensure that individual rights are not infringed upon by the govt.

A

The Amendments

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13
Q

Freedom of speech, press, peaceful assembly, and religion. Example- disorderly conduct and seizure of press material such as cameras tapes and writing material.

A

1st Amendment

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14
Q

Right to bear arms. Ch 790 of FL statutes.

A

2nd Amendment

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15
Q

Prohibits unreasonable search and seizure. Requires warrant signed by judge. No unlawful Infringement upon reasonable expectation of privacy. LEO must meet reasonableness standards for stops and arrests.

A

4th Amendment

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16
Q

Prohibits compelled self-incrimination. Requires grand jury. Prohibits double jeopardy and deprivation of life liberty or property w/o due process of law. Example- interviewing and arresting suspects. Miranda warnings.

A

5th Amendment

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17
Q

Requires the govt to be fair when taking away someone’s life liberty or property.

A

Due process clause
Amendments
14th
5th

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18
Q

Right to speedy public trial. Counsel. Impartial jury. To be informed of the nature of charges. Confront witness. Example- contact with a suspect who is represented by counsel.

A

6th Amendment

19
Q

Prohibits excessive bails and fines & cruel and unusual punishment. Example- bond recommendations.

A

8th Amendment

20
Q

This part of the constitution affects LEOs more than any other part. Their purpose is to ensure that individual rights are not infringed upon by the govt.

A

The Amendments

21
Q

Freedom of speech, press, peaceful assembly, and religion. Example- disorderly conduct and seizure of press material such as cameras tapes and writing material.

A

1st Amendment

22
Q

Right to bear arms. Ch 790 of FL statutes.

A

2nd Amendment

23
Q

Prohibits unreasonable search and seizure. Requires warrant signed by judge. No unlawful Infringement upon reasonable expectation of privacy. LEO must meet reasonableness standards for stops and arrests.

A

4th Amendment

24
Q

Prohibits compelled self-incrimination. Requires grand jury. Prohibits double jeopardy and deprivation of life liberty or property w/o due process of law. Example- interviewing and arresting suspects. Miranda warnings.

A

5th Amendment

25
Q

Requires the govt to be fair when taking away someone’s life liberty or property.

A

Due process clause
Amendments
14th
5th

26
Q

Right to speedy public trial. Counsel. Impartial jury. To be informed of the nature of charges. Confront witness. Example- contact with a suspect who is represented by counsel.

A

6th Amendment

27
Q

Prohibits excessive bails and fines & cruel and unusual punishment. Example- bond recommendations.

A

8th Amendment

28
Q

Expanded the application if the Bill of Rights to state and local govt. Done by the due process clause.

A

14th Amendment

29
Q

Acts that are punishable under Florida law.

A

Offense

30
Q

Crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year. Classified based on the offense’s maximum or minimum penalty.

A

Felony

31
Q

Criminal offense with a maximum incarceration penalty in a county jail up to one year.

A

Misdemeanor.

32
Q

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

A

Noncriminal violation.

33
Q

Penalty of death/life imprisonment in a state correctional facility without possible parole.

A

Capital felony

34
Q

Penalty of life imprisonment (40 yrs) &/or $15,000 fine.

A

Life felony

35
Q

Penalty of 30 yrs (sometimes life) &/or $10,000 fine.

A

1st degree felony

36
Q

Penalty if 15 yrs imprisonment and/or $10,000.

A

2nd degree felony

37
Q

Penalty of 5 yr imprisonment and/or $5,000 fine

A

3rd degree felony

38
Q

Penalty imprisonment in county correctional facility for up to 1 yr and/or $1,000 fine.

A

1st degree misdemeanor

39
Q

Penalty of imprisonment of up to 60 days and/or $500 fine.

A

2nd degree misdemeanor.

40
Q

Penalty of $500 fine, forfeiture, or other civil penalty. Noncriminal offense or civil violation.

A

Infraction

Violation

41
Q

Civil penalty of up to $500 or imprisonment of up to 60 days or both. Municipal/county ordinance violation.

A

Civil

Criminal

42
Q

Case law that deals with consensual encounters- voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police. No coercion. No detention.

A

Florida v Royer 1983

43
Q

The standard of justification needed to support a legal Terry stop. Articulable suspicion. Founded suspicion. The facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime.

A

Reasonable Suspicion

44
Q

This type of stop may be made if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a crime.

A

Terry stop

Investigative stop

45
Q

This case incorporated the new investigative stop guidelines into the Florida Stop and Frisk Law. Changing the standard from probable cause to reasonable suspicion. It ruled that a law enforcement officer may search the exterior clothing of someone lawfully detained of her officer has reasonable suspicion to believe that the person is armed.

A

Terry v Ohio 1968

Police Academy (2 decks)

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