Pc 832

Question 1

1) Identify the freedoms and rights afforded to individuals under the US Constitution, the Bill of Rights, and later Amendments

Answer 1

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.

Question 2

First Amendment

Answer 2

Freedom of religion, speech, press, assembly, and right to petition the government for a redress of grievances.

Question 3

Fourth Amendment

Answer 3

Unreasonable searches and seizures

Question 4

Fifth Amendment:

Answer 4

Right to be told of charges when arrested, freedom of being tried twice for the same crime (double jeopardy), and from self-incrimination

Question 5

Sixth Amendment:

Answer 5

Right to a speedy trial, public trial by an impartial jury, confront witnesses, to counsel, to a jury trial

Question 6

Eighth Amendment

Answer 6

Freedom from excessive bail, cruel and unusual punishments

Question 7

Fourteenth Amendment

Answer 7

Right to due process before being deprived of life, liberty, or property; right to equal protection of the laws

Question 8

Three components that make up the CJS are

Answer 8

1. Law Enforcement
2. Judicial
3. Corrections

Question 9

The seven primary goals of the CJS

Answer 9

Guarantee Due Process

Prevent crime

Protect life and property

Uphold and enforce the law

Dispense equal justice

Apprehend offenders

Assure victims rights

Question 10

due process is guaranteed by the US and California Constitutions overseen by the courts and practice daily with Peace Officers

Answer 10

Guarantee due process

Question 11

prevention is more than apprehension. Peace officer is present in the community and interactions with citizens also serve to prevent crime.

Answer 11

Prevent crime

Question 12

peace officers must be dedicated to protect and defend the members of their communities as well as those individual properties

Answer 12

Protect life and property

Question 13

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.

Answer 13

Uphold and enforce the law

Question 14

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.

Answer 14

Dispense equal justice

Question 15

Apprehending offenders deprive them of their liberty and require them to answer the criminal charges brought against them.

Answer 15

Apprehend offenders

Question 16

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.

Answer 16

Assure victims rights

Question 17

The objectives of the judicial component of the CJS is providing…

Answer 17

due process of the law, rendering fair judgments, dispensing just punishment, and assuring victim’s rights.

Question 18

The California court system is based upon the federal system. It is comprised of:

Answer 18

▪ One State Supreme Court
▪ Lower trial courts, and
▪ Higher courts, called appellate courts (to listen to appeals from lower courts)

Question 19

There are numerous positions commonly recognized as falling under the judicial component of the CJS. Examples include, but are not limited to:

Answer 19

▪ Judges and magistrates
▪ Prosecuting attorneys
▪ Defense attorneys

Question 20

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

Answer 20

▪ Arrest, Arraignment, Bail – Right to Bail, Preliminary hearing, Superior Court arraignment, Trial, Sentencing, Grand Jury Indictment

Question 21

1) Identify a peace officer’s roles & responsibilities in the community

Answer 21

• Maintain order, enforce the law, prevent crime, deliver service, educate the public and work with the community to solve problems

Question 22

Differentiate between proactive and reactive policing.

Answer 22

• 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.

Question 23

Recognize what is a peace officer’s responsibility to enforce the law.

Answer 23

• Adhering to the law, Fair and impartial enforcement and knowing the patrol beat area of responsibility.

Question 24

Identify what are the key elements of area/beat knowledge?

Answer 24

• 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.

Question 25

Discuss current and emerging issues that can impact the delivery of services by peace officers.

Answer 25

• Changing community demographics, economic shifts, advance technology, jail overcrowding, cultural diversity, continuous law changes and homeland security.

Question 26

Discuss opportunities where peace officers can educate and learn from community members.

Answer 26

• 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.

Question 27

Define Community Partnerships

Answer 27

• Relationships compromised of 2 or more individuals, groups, or organizations working together to address and issue – 
Truth, 
Respect, 
Understand, 
Support, 
Teamwork                (TRUST)

Question 28

Discuss the relationship of ethics to the badge of office

Answer 28

• 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.

Question 29

Discuss leadership skills in community policing.

Answer 29

• Leadership is the practice of influencing people while using ethical values and goals to produce an intended change.

Question 30

the sending and receiving of messages, both verbal and non-verbal between 2 or more.

Answer 30

Communication

Question 31

• Four steps to active listening:

Answer 31

1. Be open and unbiased
2. Hear literally what is said
3. Interpret what is said
4. Provide an appropriate response

Question 32

Identify the steps of the SARA model

Answer 32

• 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.

Question 33

Constitutional law

Answer 33

the rules and prohibitions found in Federal and State Constitutions form the basis of modern Constitutional law

Question 34

Statutory law

Answer 34

consists of the written laws enacted by a legislative body

Question 35

Case law

Answer 35

based upon previous appellate court decisions. Principle is known as precedent. Primary purpose of case law is to interpret the constitution and clarify statues.

Question 36

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.

Answer 36

Spirit of the law

Question 37

law applied in accordance with the literal meaning of the statue; no room for interpretation.

Answer 37

Letter of the law

Question 38

deals with non-criminal violations of the law or private wrong doings committed by one person against another

Answer 38

Civil law

Question 39

violations of the criminal statutes. Violations called crimes.

Answer 39

Criminal law

Question 40

Recall the statutory definition of a crime

Answer 40

• It must be a human act or omission,
• A violation of a written statute,
• Contain a punishment for the behavior

Question 41

• 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:

Answer 41

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.

Question 42

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.

Answer 42

General intent crimes

Question 43

In other crimes intent is an element of the offense that must be proven.

Answer 43

Specific intent crime

Question 44

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.

Answer 44

Transferred intent crimes

Question 45

means a mental state or frame of mind that the person knowingly did the particular criminal act.

Answer 45

Criminal intent

Question 46

meets the requirements of criminal intent, negligence is a failure to exercise ordinary care.

Answer 46

Criminal negligence

Question 47

Identify the basic elements of an attempt to commit a crime.

Answer 47

• Intent to commit that crime

* A direct, but ineffectual act done toward its commission

Question 48

Identify the three classes of crimes:

Answer 48

Felony
Misdemeanor
Infraction

Question 49

punishable by a fine and/or imprisonment in state prison, death, or removal from office.

Answer 49

Felony

Question 50

lesser gravity than a felony, punishable by a fine or imprisonment in a county jail.

Answer 50

Misdemeanor

Question 51

public offense punishable by only a fine. Normally offender is issued a citation in place of arrest.

Answer 51

Infractions

Question 52

crime that can be either a felony or a misdemeanor is commonly referred to as a wobbler. You can serve county or state time.

Answer 52

Wobblers

Question 53

Three parties to a crime

Answer 53

Principal

Accomplice

Accessories

Question 54

all persons involved in the commission of a felony or misdemeanor

Answer 54

Principal

Question 55

he or she testifies for the prosecution against another principal

Answer 55

Accomplice

Question 56

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.

Answer 56

Accessories

Question 57

Identify what individuals are considered legally incapable of committing a crime.

Answer 57

▪ 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

Question 58

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.

Answer 58

Fourth amendment