Legal Flashcards
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.
Statutory Law
Defines the form of govt we use. Defines representational govt and it’s 3 branches. Defines the powers and limitations of each branch.
Constitutional Law
Statutes enacted by a municipal or county govt.
Ordinances
Forms of social control.
LAW
MORALITY
RELIGION
These maintain order, protect ownership of property, regulate business, and raise revenue.
LAWS
Define unacceptable behaviors and govt prosecution of those who commit them. Must clearly describe unacceptable behavior and set a punishment for it.
Criminal Law
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.
Case Law
Legal action a person takes to resolve a private dispute with another person. Person filing lawsuit must have a recognized cause of action.
Civil Law
Cause of action pertains to….
Civil cases
A criminal statute pertains to….
Criminal cases
These amendments are of particular importance to law enforcement, as they concern issues of officer liability.
1st 2nd 4th 5th 6th 8th
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.
Article IV Supremacy Clause
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.
The Amendments
Freedom of speech, press, peaceful assembly, and religion. Example- disorderly conduct and seizure of press material such as cameras tapes and writing material.
1st Amendment
Right to bear arms. Ch 790 of FL statutes.
2nd Amendment
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.
4th Amendment
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.
5th Amendment
Requires the govt to be fair when taking away someone’s life liberty or property.
Due process clause
Amendments
14th
5th
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.
6th Amendment
Prohibits excessive bails and fines & cruel and unusual punishment. Example- bond recommendations.
8th Amendment
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.
The Amendments
Freedom of speech, press, peaceful assembly, and religion. Example- disorderly conduct and seizure of press material such as cameras tapes and writing material.
1st Amendment
Right to bear arms. Ch 790 of FL statutes.
2nd Amendment
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.
4th Amendment
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.
5th Amendment
Requires the govt to be fair when taking away someone’s life liberty or property.
Due process clause
Amendments
14th
5th
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.
6th Amendment
Prohibits excessive bails and fines & cruel and unusual punishment. Example- bond recommendations.
8th Amendment
Expanded the application if the Bill of Rights to state and local govt. Done by the due process clause.
14th Amendment
Acts that are punishable under Florida law.
Offense
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.
Felony
Criminal offense with a maximum incarceration penalty in a county jail up to one year.
Misdemeanor.
An offense for which the only penalty may be a fine, forfeiture, or other civil penalty. Also know as a civil infraction.
Noncriminal violation.
Penalty of death/life imprisonment in a state correctional facility without possible parole.
Capital felony
Penalty of life imprisonment (40 yrs) &/or $15,000 fine.
Life felony
Penalty of 30 yrs (sometimes life) &/or $10,000 fine.
1st degree felony
Penalty if 15 yrs imprisonment and/or $10,000.
2nd degree felony
Penalty of 5 yr imprisonment and/or $5,000 fine
3rd degree felony
Penalty imprisonment in county correctional facility for up to 1 yr and/or $1,000 fine.
1st degree misdemeanor
Penalty of imprisonment of up to 60 days and/or $500 fine.
2nd degree misdemeanor.
Penalty of $500 fine, forfeiture, or other civil penalty. Noncriminal offense or civil violation.
Infraction
Violation
Civil penalty of up to $500 or imprisonment of up to 60 days or both. Municipal/county ordinance violation.
Civil
Criminal
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.
Florida v Royer 1983
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.
Reasonable Suspicion
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.
Terry stop
Investigative stop
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.
Terry v Ohio 1968
