Peace Officer Week Flashcards
purpose of the constitution
a. constitution creates the govt b. constituion sets limits on govt c. both a state and a federal govt exist
three branches of gov’t
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
peace officer focus on following amendments
first, fourth, fifth, sixth, eighth and 14th
first amendment
religion- press- speech- grievances - peaceful protest/assembly
fourth amendment
Right for ppl to secure their homes- has to be warrants for police to search specific spots of the house.
fifth amendment
double jeapardy/ due process/self incrimination
sixth amanedment
right to a lawyer, speedy trial, public trial, you have the right to know why you are arrested.
eighth amendment
no excessive bail, no stocades or stoning people. no cruel and unusal punishment.
fourtheenth amendment
everybody get the amendments protection becsuse they are here.
general purpose- NYS penal law
- 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
misdemeanor
15 days up to 1 yr imprisonment
felony
one yr up to life imprisonment
crime
misdemeanor or a felony
physical injury
impairment or physical illness or substantial pain
dangerous instrument
designed for a lawful purpose but the way in which it is used is capabke of causing death or serious physical injury
elements of an offense (broad term)
- a written law 2. an act 3. the mental state (offenders state of mind) 4.the result or injury produced by an act.
mens rea
guilty mind, person’s awarness. as an element of criminal responsibility.
actus rea
the act itself is the physical element
culpability mental states. article 15.05
recklessly - intentionally- criminal negligence - knowingly. RICK
motive
is the desire which prompts a person to commit a criminal act (reason)
intent
a persons determination to commit a particular criminal act- need to know what was the culpibal state?
affirmative defense
admitting they did it. ex: due to self defense/ had good reason. DERM
DERM
duress- entrapment- renunication- mental disease or defect. “yes i did it because of 1 to 4”
juvienile delinquent
7 to 15 yrs old
juvenile offender
a person 13, 14 pr 15 angaged in cinduct constituting specific (very serious) crimes
violation
fine and/of improspnmemt less than 15 days
offense
which you can receive a fine and/or imprisonment
pety offense
traffic infraction and violation
classification of felonies
-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
classification of misdemeanor
class a up to a yr- class b up to three months - unclassified misdemeanor fine and/or 3 months
attempt
intent to commit a crime- the action makes the crime fail but person is stil guilty due to trying.
attempt to commit a crime. punishment
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.
peace officer status and power
status: section 2.10 of the criminal procedure law, line 27. power: section 2.20 of criminal law, nyc jurisdiction
indemnification
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.
assault
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.
aggravated …
is when a dangerous instrument or dangerous weapon is used
menacing
suggesting the presence of danger;threatening. places or attempts a person in reasonable fear of physical injury or serious physical injury or death.
criminal mischeif in the fourth degree
- 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.
disorderly conduct
FURHOOD: fighting, unreasonable noise, refusal to disperse, hazardous or offensive conditions, obscene language or gestures, obstruct traffic, disrupts lawful religious assemblies
larceny
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.
premises
includes the term building and any real property
building
includes structure, vehicle or watercraft used for overnight lodging or persons or used by persons for carrying on buisness. pg 66
dwelling
a budilong which is occupied by a person lodging therein at night
riot in the second degree
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.
statue of limitations
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
probable cause
reasonable cause to believe - minimum amount of proof to arrest - fair probability
custodial interrogation
when a person in police custody and interrogatoon os planned, the police must first advise such person of his constotutional rights - Miranda rights
guidelines of Miranda warning
- custody + interrogation = give miranada 2. no custody +interrogation = no miranda 3. custody +no interrogation =no warning needed
waiver of counsel must be
voluntarily - knowingly - intelligently
arresting juveniles
- 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.
acussatory instruments
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
elements of arrest
intent - authority - recognition- custody
warrantless search
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
types of searches
ground search - kneeling- wall/standing
three major categories of evidence
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
three types of tort- civil law
intentional - negligence - nonfeasance/malfeasance
three types of damages awarded
nominal- compensatory- punitive
officers and citizens can use deadly force (D)
during prevent and terminate. DR BARKS - Robbery- burglary -arason- rape- sodamy
stages of force
prevent- terminate- arrest- prevent escape
officers can use physical force for arrest and prevent escape
BAKE - burglary -arson- kidnapping-escape (if attempted or commited)
civilians an use physical force to arrest
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
primary duties of a peace officer
work within the law- serve the comunity- safeguard property - keep the peace
reckless endangerment
purposely engaging in conduct that creates risk of spi
sexual conduct
umbrella term for lude behavior including sexual intercourse, oral and anal contacts.
standards of proof
police questioning- mere suspicion-reasonable suspicion- probable cause
