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UPR LIFE > Peace Officer Week > Flashcards

Peace Officer Week Flashcards

1
Q

purpose of the constitution

A

a. constitution creates the govt b. constituion sets limits on govt c. both a state and a federal govt exist

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2
Q

three branches of gov’t

A

legislative: congress, house of reps, write and make laws -executive: President,VP,cabinet, upholds and carries out laws -judcial, supereme court, other courts interpret laws

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3
Q

peace officer focus on following amendments

A

first, fourth, fifth, sixth, eighth and 14th

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4
Q

first amendment

A

religion- press- speech- grievances - peaceful protest/assembly

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5
Q

fourth amendment

A

Right for ppl to secure their homes- has to be warrants for police to search specific spots of the house.

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6
Q

fifth amendment

A

double jeapardy/ due process/self incrimination

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7
Q

sixth amanedment

A

right to a lawyer, speedy trial, public trial, you have the right to know why you are arrested.

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8
Q

eighth amendment

A

no excessive bail, no stocades or stoning people. no cruel and unusal punishment.

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9
Q

fourtheenth amendment

A

everybody get the amendments protection becsuse they are here.

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10
Q

general purpose- NYS penal law

A
  1. describes unlawful act is.2. gives fair warning 3. define the act or omission plus the culpable mental state. 4 to differentiate btw minor/serious offenses 5. provide for an appropriate response to the public for offenses 6. to insure public safety by deterrence
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11
Q

misdemeanor

A

15 days up to 1 yr imprisonment

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12
Q

felony

A

one yr up to life imprisonment

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13
Q

crime

A

misdemeanor or a felony

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14
Q

physical injury

A

impairment or physical illness or substantial pain

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15
Q

dangerous instrument

A

designed for a lawful purpose but the way in which it is used is capabke of causing death or serious physical injury

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16
Q

elements of an offense (broad term)

A
  1. a written law 2. an act 3. the mental state (offenders state of mind) 4.the result or injury produced by an act.
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17
Q

mens rea

A

guilty mind, person’s awarness. as an element of criminal responsibility.

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18
Q

actus rea

A

the act itself is the physical element

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19
Q

culpability mental states. article 15.05

A

recklessly - intentionally- criminal negligence - knowingly. RICK

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20
Q

motive

A

is the desire which prompts a person to commit a criminal act (reason)

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21
Q

intent

A

a persons determination to commit a particular criminal act- need to know what was the culpibal state?

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22
Q

affirmative defense

A

admitting they did it. ex: due to self defense/ had good reason. DERM

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23
Q

DERM

A

duress- entrapment- renunication- mental disease or defect. “yes i did it because of 1 to 4”

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24
Q

juvienile delinquent

A

7 to 15 yrs old

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25
Q

juvenile offender

A

a person 13, 14 pr 15 angaged in cinduct constituting specific (very serious) crimes

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26
Q

violation

A

fine and/of improspnmemt less than 15 days

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27
Q

offense

A

which you can receive a fine and/or imprisonment

28
Q

pety offense

A

traffic infraction and violation

29
Q

classification of felonies

A

-class A up to life -class b up to 25 yrs -class c 15 yrs -class d up to 7 yrs - class e up to 4 yrs

30
Q

classification of misdemeanor

A

class a up to a yr- class b up to three months - unclassified misdemeanor fine and/or 3 months

31
Q

attempt

A

intent to commit a crime- the action makes the crime fail but person is stil guilty due to trying.

32
Q

attempt to commit a crime. punishment

A

class A 2: the punishment will be the same even without attempt- class A1 become class B felony. -class b becomes class c and so on. e felony becomes class a misdemeanor.

33
Q

peace officer status and power

A

status: section 2.10 of the criminal procedure law, line 27. power: section 2.20 of criminal law, nyc jurisdiction

34
Q

indemnification

A

protects the ofdicer from liability when as a result of an arrest the subject is injured. only if the officer eas acting with in the scooe of thier jib deacriotion and with in the guidelines of artcile 35 of nys penal law.

35
Q

assault

A

with the intent if physical injury- can intentionally, knowingly or reckless. generally need to see injury other than that victim will have to go to hospital for proof of injury.

36
Q

aggravated …

A

is when a dangerous instrument or dangerous weapon is used

37
Q

menacing

A

suggesting the presence of danger;threatening. places or attempts a person in reasonable fear of physical injury or serious physical injury or death.

38
Q

criminal mischeif in the fourth degree

A
  1. intentionally dmages property of another person 2. intentionally damages abandoned building 3. recklessly damages property exceeding $250 4. intent to prevent a persom from communicating emergency assistance, intentioamlly disabkes pr removes telephonic equipment.
39
Q

disorderly conduct

A

FURHOOD: fighting, unreasonable noise, refusal to disperse, hazardous or offensive conditions, obscene language or gestures, obstruct traffic, disrupts lawful religious assemblies

40
Q

larceny

A

a person steals property and commits larceny with intent to deprive another property, wrongfully takes, obtains ot withholds such property from an owner. fourth degree exceeds 1,000. first degree exceeds one milion dollars.

41
Q

premises

A

includes the term building and any real property

42
Q

building

A

includes structure, vehicle or watercraft used for overnight lodging or persons or used by persons for carrying on buisness. pg 66

43
Q

dwelling

A

a budilong which is occupied by a person lodging therein at night

44
Q

riot in the second degree

A

a person is guilty of riot four or more ppl- engage in tumultuous and violent conduct and thereby intetionally or recklessly causes or creates a grave risk of causing public alarm.

45
Q

statue of limitations

A

class a any time can be convicted of crime- class b,c,d,e up to 5 yrs to charged with crime- class a misdemeanor 1yr- class b misdemeanor 3 months

46
Q

probable cause

A

reasonable cause to believe - minimum amount of proof to arrest - fair probability

47
Q

custodial interrogation

A

when a person in police custody and interrogatoon os planned, the police must first advise such person of his constotutional rights - Miranda rights

48
Q

guidelines of Miranda warning

A
  1. custody + interrogation = give miranada 2. no custody +interrogation = no miranda 3. custody +no interrogation =no warning needed
49
Q

waiver of counsel must be

A

voluntarily - knowingly - intelligently

50
Q

arresting juveniles

A
  1. must notify caregiver immediately 2. questioning must be done in an approved area/must be done with in a short time 3. both parent and guardian must be advised their rights at the same time 4. caregivwr should be present during questioning.
51
Q

acussatory instruments

A

it is the commencment of a criminal action for the prosecution in criminal court. 5 types info - simplified info- prosecutor’s info - misdemeanor complaint- felony complaint

52
Q

elements of arrest

A

intent - authority - recognition- custody

53
Q

warrantless search

A

SPACESHIP- search incident to lawful arrest-plain view exception - automobile exception- search by consent - exigent or emergency exception - stop, question and frisk- hot prusit- inventory- period

54
Q

types of searches

A

ground search - kneeling- wall/standing

55
Q

three major categories of evidence

A

1 testimonial- verbal evidence solicited from witness 2 documentary - written or printed evidence offered to prove or disproves a fact 3. physical/real- material object from which interences van be drawn ex: finger prints, DNA

56
Q

three types of tort- civil law

A

intentional - negligence - nonfeasance/malfeasance

57
Q

three types of damages awarded

A

nominal- compensatory- punitive

58
Q

officers and citizens can use deadly force (D)

A

during prevent and terminate. DR BARKS - Robbery- burglary -arason- rape- sodamy

59
Q

stages of force

A

prevent- terminate- arrest- prevent escape

60
Q

officers can use physical force for arrest and prevent escape

A

BAKE - burglary -arson- kidnapping-escape (if attempted or commited)

61
Q

civilians an use physical force to arrest

A

MR+MRS- murder, robbery, manslaught, rape forceable, sodamy -if in fact committed. can use DPF if there is mr+mrs and imediate danger, immdieate flight to be justified

62
Q

primary duties of a peace officer

A

work within the law- serve the comunity- safeguard property - keep the peace

63
Q

reckless endangerment

A

purposely engaging in conduct that creates risk of spi

64
Q

sexual conduct

A

umbrella term for lude behavior including sexual intercourse, oral and anal contacts.

65
Q

standards of proof

A

police questioning- mere suspicion-reasonable suspicion- probable cause

UPR LIFE (7 decks)

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