Pre-Academy Reading Flashcards
Five Primary Objectives for Patrol
- Protect and serve
- Crime prevention
- Preserve the peace
- Enforce all laws
- Arrest
4 Major Patrol Responsibilities
Communicate, Coordinate, Command, and Control
Criminal Procedures are broken into what two categories? Briefly explain each
- Substantive Law- legislated acts; establishes the acts and mental state necessary to commit a crime
- Procedural Law- establishes the procedures to be employed in governmental affairs
What are the sanctions that can be imposed on law enforcement?
Criminal liability (charged with a crime)
Civil liability (sued)
Department liability (discipline, demotion, termination)
What are the 4 criteria under the Public Duty Doctrine that must be met in determining if an officer is held liable?
Do we have a duty owed? Do we have a duty breached? Were actual damages suffered? Was the duty breached the proximate cause for the damages suffered?
The Constitution is made up of what?
The preamble, articles of incorporation, bill of right first 10 amendments
What are the 3 branches of government?
Legislative, Judicial, Executive
What is the trier of the law?
Exclusively the judge
What is the trier of the fact?
May be the responsibility of the judge or jury
What is a jury trial?
Trial by your peers
What is a bench trial?
The judge becomes the trier of the law and the trier of the fact
What is the federal courts made up of?
U.S District Court
U.S Court of Appeals
U.S Supreme Court
What are the state courts made up of?
Municipal Courts
District Courts
Superior Courts
State Court of Appeals
Washington State Supreme Court
What are the steps from arrest to trial?
- Arrest
- Arraignment
- Pre-Trial Suppression hearings
4.Commencement of Trial - Appeals Process
When must the preliminary appearance occur for an arrest for probable cause or made via a warrant?
No later than the end of the next judicial day
When must a probable cause hearing occur when arrested for probable cause?
Within 48 hours of custody
When must the filing of charges occur when an arrest for probable cause was made?
Within 72 hours of custody
When does probable cause determination occur when an arrest is made via a warrant?
At the time of the warrant issuance
When does the filing of charges occur when an arrest made via a warrant happens?
Prior to the issuance of the arrest warrant
When must the arraignment occur?
Within 14 days of filing the charges
What are the 3 types of hearings in Washington?
3.1 hearing: for deprivation of counsel (Miranda)
3.5 hearing: deals with confessions and defendant statements
3.6 hearing: deals with oral, physical, and identification evidence issues
When must the commencement of the trial begin?
Within 60 days of arrest if defendant is in custody
Or 90 days of arrest or arraignment if the defendant is at large/ on release
What are the keys to success in a criminal investigation?
Think
Plan
Be patient
Be thorough
Be flexible
Know your limits
Know your resources
Persevere
Why is physical evidence important?
It can prove a crime was committed, that a suspect was at the scene, or establish the identity of persons involved
Information is….?
Primary for locating a suspect but secondary to convicting a suspect
Physical evidence is…?
Primary for conviction but secondary to locating a suspect
What are class characteristics?
Identifiers that comprise a group of something.. ex: fibers, paint, blood types, hair
What are individual characteristics?
Are truly of the one source of evidence.. ex: fingerprints, bite marks, tool marks, DNA
What are the 4 requirements that physical evidence must meet?
- Legally obtained
- Relevant
- Identifiable and
- A chain of custody must be maintained
What are the 3 sources of stress?
- Environmental
- Psycho-social
- Personality
What are the 4 types of stress? Briefly explain each
- Acute- happening right now
- Chronic- is constant dealing with the same thing over and over
- Accumulative- stresses piling together, compounding
- Delayed- PTSD
What does active listening include?
Empathy
Paraphrasing
Probing (asking questions)
Verbal prompts
Silence
What are the three E’s in traffic enforcement?
- Education
- Engineering
- Enforcement
What are ethics in traffic law enforcement?
Perceptions
Professionalism
Fairness
Level of proof needed for criminal prosecutions?
Proof beyond a reasonable doubt
Level of proof needed for civil actions
Preponderance of evidence
