Pc 832 Flashcards
1) Identify the freedoms and rights afforded to individuals under the US Constitution, the Bill of Rights, and later Amendments
Bill of Rights – first session of the US Congress proposed 10 Amendments or changes to the constitution to further, clarify the rights of individuals under the US Constitution. These amendments are referred to the Bill of Rights.
▪ For all Citizens
▪ For all non-citizens that reside in this country and its territories
▪ Protection from rights being violated by governmental agents and entities.
First Amendment
Freedom of religion, speech, press, assembly, and right to petition the government for a redress of grievances.
Fourth Amendment
Unreasonable searches and seizures
Fifth Amendment:
Right to be told of charges when arrested, freedom of being tried twice for the same crime (double jeopardy), and from self-incrimination
Sixth Amendment:
Right to a speedy trial, public trial by an impartial jury, confront witnesses, to counsel, to a jury trial
Eighth Amendment
Freedom from excessive bail, cruel and unusual punishments
Fourteenth Amendment
Right to due process before being deprived of life, liberty, or property; right to equal protection of the laws
Three components that make up the CJS are
- Law Enforcement
- Judicial
- Corrections
The seven primary goals of the CJS
Guarantee Due Process
Prevent crime
Protect life and property
Uphold and enforce the law
Dispense equal justice
Apprehend offenders
Assure victims rights
due process is guaranteed by the US and California Constitutions overseen by the courts and practice daily with Peace Officers
Guarantee due process
prevention is more than apprehension. Peace officer is present in the community and interactions with citizens also serve to prevent crime.
Prevent crime
peace officers must be dedicated to protect and defend the members of their communities as well as those individual properties
Protect life and property
law enforcement component of the justice system has the primary responsibility to uphold the law. Judiciary system, through rulings of the court and the corrections component also play a role in enforcement.
Uphold and enforce the law
Fourteenth Amendment of the US Constitution guarantees equal justice under the law to all persons. Individuals from each component of the CJS must treat all persons equally, fairly, and with justice.
Dispense equal justice
Apprehending offenders deprive them of their liberty and require them to answer the criminal charges brought against them.
Apprehend offenders
effort to apprehend and deal with the criminal, the criminal justice system cannot overlook the victim. Victims must be made aware of their rights and of the services that are available.
Assure victims rights
The objectives of the judicial component of the CJS is providing…
due process of the law, rendering fair judgments, dispensing just punishment, and assuring victim’s rights.
The California court system is based upon the federal system. It is comprised of:
▪ One State Supreme Court
▪ Lower trial courts, and
▪ Higher courts, called appellate courts (to listen to appeals from lower courts)
There are numerous positions commonly recognized as falling under the judicial component of the CJS. Examples include, but are not limited to:
▪ Judges and magistrates
▪ Prosecuting attorneys
▪ Defense attorneys
In criminal cases the judicial process begins once an offender has been arrested or indicted for a crime. The basic steps for a felony prosecution are
▪ Arrest, Arraignment, Bail – Right to Bail, Preliminary hearing, Superior Court arraignment, Trial, Sentencing, Grand Jury Indictment
1) Identify a peace officer’s roles & responsibilities in the community
• Maintain order, enforce the law, prevent crime, deliver service, educate the public and work with the community to solve problems
Differentiate between proactive and reactive policing.
- Proactive policing – anticipating problems and acting in advance to address local concerns
- Reactive policing – Responding to criminal activity and problems after they have taken place. Handling each call or incident as a separate, unique occurrence.
Recognize what is a peace officer’s responsibility to enforce the law.
• Adhering to the law, Fair and impartial enforcement and knowing the patrol beat area of responsibility.
Identify what are the key elements of area/beat knowledge?
- Critical Areas – schools, hospitals, airports and bridges
- Hot Spots (high traffic areas) – High crime areas
- Potentially Dangerous Areas – Hillsides, railroad crossings, local hazards, and earthquake prone
- Info. Gathering and partnerships – existing partnership with the community media, business, residents, government agencies.
Discuss current and emerging issues that can impact the delivery of services by peace officers.
• Changing community demographics, economic shifts, advance technology, jail overcrowding, cultural diversity, continuous law changes and homeland security.
Discuss opportunities where peace officers can educate and learn from community members.
• First step is to recognize that communities are made up of a number of overlapping groups. These groups can provide officers with forums through which they can talk to people with common interest and needs.
Define Community Partnerships
• Relationships compromised of 2 or more individuals, groups, or organizations working together to address and issue – Truth, Respect, Understand, Support, Teamwork (TRUST)
Discuss the relationship of ethics to the badge of office
• The badge is a symbol of public trust. The character of the person behind the badge is more important than the authority the badge represents. Forming effective community partnerships is difficult without trust and integrity.
Discuss leadership skills in community policing.
• Leadership is the practice of influencing people while using ethical values and goals to produce an intended change.
the sending and receiving of messages, both verbal and non-verbal between 2 or more.
Communication
• Four steps to active listening:
- Be open and unbiased
- Hear literally what is said
- Interpret what is said
- Provide an appropriate response
Identify the steps of the SARA model
- Scanning – Identify the problem
- Analysis – correcting and examining information
- Response – developing and implementing solutions based on analysis
- Assessment – evaluating the effectiveness of the strategy selected.
Constitutional law
the rules and prohibitions found in Federal and State Constitutions form the basis of modern Constitutional law
Statutory law
consists of the written laws enacted by a legislative body
Case law
based upon previous appellate court decisions. Principle is known as precedent. Primary purpose of case law is to interpret the constitution and clarify statues.
the law is strictly applied in accordance with the intent of the legislature and the fairness and justice not solely in literal compliance with words of the statue.
Spirit of the law
law applied in accordance with the literal meaning of the statue; no room for interpretation.
Letter of the law
deals with non-criminal violations of the law or private wrong doings committed by one person against another
Civil law
violations of the criminal statutes. Violations called crimes.
Criminal law
Recall the statutory definition of a crime
- It must be a human act or omission,
- A violation of a written statute,
- Contain a punishment for the behavior
• The elements of the crime are the basic facts that must be proved by the prosecution to sustain a conviction. If any of the elements are missing the crime is incomplete. The following identifies the elements that are basic to every crime:
a) Commission of a prohibited act, or omission of a required act
b) Presence of a designated of mind (intent)
• Criminal intent must exist to distinguish the crime from an accident or mistake of fact.
Some crimes intent is presumed and has to be proven. In general, the person intentionally did that which the law declared to be a crime.
General intent crimes
In other crimes intent is an element of the offense that must be proven.
Specific intent crime
When an unlawful act affects a person other than, or in addition to, the person it was intended to affect, intent then becomes transferred. Criminal intent in these instances is transferred from the intended victim to the actual victim. Intent may be transferred only if the act involved does not require a different state of mind or criminal intent.
Transferred intent crimes
means a mental state or frame of mind that the person knowingly did the particular criminal act.
Criminal intent
meets the requirements of criminal intent, negligence is a failure to exercise ordinary care.
Criminal negligence
Identify the basic elements of an attempt to commit a crime.
- Intent to commit that crime
* A direct, but ineffectual act done toward its commission
Identify the three classes of crimes:
Felony
Misdemeanor
Infraction
punishable by a fine and/or imprisonment in state prison, death, or removal from office.
Felony
lesser gravity than a felony, punishable by a fine or imprisonment in a county jail.
Misdemeanor
public offense punishable by only a fine. Normally offender is issued a citation in place of arrest.
Infractions
crime that can be either a felony or a misdemeanor is commonly referred to as a wobbler. You can serve county or state time.
Wobblers
Three parties to a crime
Principal
Accomplice
Accessories
all persons involved in the commission of a felony or misdemeanor
Principal
he or she testifies for the prosecution against another principal
Accomplice
anyone who, after a felony, meets all the following requirements:
▪ Harbors, conceals, or aids a principal in the felony
▪ Knowledge the principal has committed charged, convicted of committing a felony.
Accessories
Identify what individuals are considered legally incapable of committing a crime.
▪ Children under 14 years of age ▪ Persons who lack the mental capacity ▪ Persons who committed the act or omission: 1. Under ignorance or mistake of fact 2. Without being conscious of the act 3. Through misfortune or accident 4. Under threat or menace
deals with the right of people to be free from unreasonable searches and seizures. Also sets out the warrant requirements and related procedures which officers must follow when obtaining a warrant.
Fourth amendment
