Semester review Flashcards
Common stressors for police
- stress internal/external to agency- stress in work itself- stressors confronting individual officers- family and personal- stressors related to law enforcement career journey
Cardiovascular fitness, flexibility, muscular endurance, muscular strength and body composition are examples of what?
Physical Fitness
List the transition phases of dealing with traumatic incidents and their impact
Denial, Anger, Bargaining, Depression, Acceptance
In an officer related shooting, which transitional phase may be brief or non-existent, because of the necessity to deal with the aftermath?
Denial phase
What does physical fitness impact?
Physical health, Emotional health, Job performance
Describe the foundation of physical fitness
Proper nutrition and exercise
What is at the peak of the wellness pyramid
Self-Responsibility
What provides the main energy source for the brain
Carbohydrates
consists of a person’s health and disease status and risk potential
wellness
Wellness continuum ranges from
death –> optimal health
prolonged long-term unrelieved stress
chronic stress
short-term stress with a quick resolution
acute stress
This type of policing includes: - working with the community- focus on solving community problems- rely on citizens to handle more of their minor concerns- promotes the use of technology- decentralized, personalized police service
community-based policing
what battle ended Mexico’s 100-year reign over Texas
Battle of San Jacinto
state of mind that allows someone to face danger with self-possession, confidence, and resolution with bravery and valor
courage
the ethical role is performed by being _________ and _________ in personal behavior in functioning as a representative of the criminal justice system
Objective and Ethical
what is the penalty for not reporting the death of a prisoner in custody
Class B Misdemeanor
o A public servant acting under color of his office or employment commits an offense if he: intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or intentionally subjects another to sexual harassment
Official Oppression
Official Oppression is a __________ offense
Class A Misdemeanor
What are the 3 components of the criminal justice system
police, courts, and correctional system
The power or authority to search with or without a warrant or consent is forever changing and is based on ____________
case law
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law
3rd Amendment
Right to speedy and public trialconfronted by witnesses against himright to have assistance of counselright to cross-examine witnessesentitled to unbiased jury
6th Amendment
Protection against unreasonable searches and seizures of a citizen’s person, house, papers, and effects
4th Amendment
Protection from excessive fines and cruel or unusual punishment is defined in the ______ Amendment
8th Amendment
Powers not identified by the Constitution belong to the states or to the people
10th Amendment
Citizens of each state are also citizens of the US
14th Amendment
This amendment protects a subject against double jeopardy and protection from being a witness against himself
5th Amendment
Rights not identified in the Constitution belong to the people
9th Amendment
protection from punishment for actions that are later made illegal is _____________________ and is found in Section ___ Clause ___
ex post factosection 9 clause 3
protection from imprisonment without a formal trial is also known as privilege to ___________ and is found in Section ___ Clause ___
habeas corpussection 9 clause 2
If a person is arrested and charged with a Class B driving while intoxicated, which of the following courts would preside over the case?
County
Cases appealed at the municipal and JP courts level move to the ___________ court level
county
__________ courts have original jurisdiction in criminal cases of the felony grade
District
right to a formal trial FREE FROM DELAY is found under what amendment
6th Amendment
small claims, and juvenile court are handled as what type of case
Civil
The U.S. Supreme Court has jurisdiction over what type of cases
Civil and Criminal
Deprivation of Life, Liberty, or property without due process of law, from the Texas Constitution mirrors what amendment to the U.S. Constitution
5th Amendment and 14th Amendment
Which of the Amendments to the U.S. Constitution involves your rights in civil proceedings?
7th Amendment
Divorce is handled through __________ court
District
Which court has final jurisdiction in criminal cases
Court of Criminal Appeals
Which court has final jurisdiction in civil cases and juvenile cases
Texas Supreme Court
Tennessee V Garner involved _________and pertains to the _______ Amendment
application of deadly force as a seizure 4th Amendment
Miranda V Arizona pertains to the ________ Amendment
5th Amendment
Duran V Douglas involved _________ and pertains to the _____ Amendment
Obscene hand gestures at a police officer who responded by detaining and arresting the plaintiff and his wife1st Amendment
The purpose of __________ regulates the conduct of individuals through threats of fines and imprisonment
criminal law
The purpose of _________ defines the legal significance of public and private acts and regulates conduct through injunctions and the award of money damages
Civil Law
an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts
Prejudice
Is a way of thinking and acting based on tradition. Learned behavior passed down from one generation to another
Culture
A law enforcement initiated action; based on an individual’s race, ethnicity, or national origin, rather than on the individual’s behavior; or on information identifying the individual as having engaged in criminal activity
Racial Profiling
Exhibiting characteristics that indicate ownership of somebody or something
Proprietary Claims
Is the act of regarding one’s culture as the center of the universe and hence as the basis for all comparisons with other cultures
Ethnocentrism
Refers to shared culture and background. Members of an ethnic group usually have common ancestry and generally share language, religion, and other cultural patterns
Ethnicity
prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one’s own race is superior
Racism
Is to act on the basis of prejudice
Discrimination
Generally, refers to groups of people with common ancestry and physical characteristics
Race
provides an outlet for projecting one’s tensions and frustrations onto other people
Projection
symbolizes one’s affiliation with a more dominant group
Authoritarian Personality
fundamental requirement made of all peace officers.
Impartiality
How many cultural groups and typologies of Latino/ Hispanics?
25 cultural groups7 typology
what factor is critical to the continued existence of our democratic form of government
impartiality
to act on the basis of prejudice
discrimination
a belief that one’s own race is superior
racism
Inspectors of the United States Postal Inspection Service are considered ______________
special investigators
Mayors and recorders of the municipal courts of incorporated cities or towns are considered _____________
magistrates
Which of the following are peace officers in Texas?a. municipal park and recreational patrolmenb. fire marshalsc. railroad peace officersd. inspectors of US postal service
All are peace officers EXCEPT (d)
How long do you have to present a felony indictment?
3 years
How long do you have to present a charge for securing execution of documents by deception
7 years
Duties of a peace officer
- preserve the peace - prevent or suppress crime- arrest without warrant when authorized - take possession of a missing child
A written order from a magistrate directing a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law
Warrant
Time limitation to present an indictment for a misdemeanor?
2 years
requisites of a warrant:
- issued in the name of “The State of Texas”- specify the name of the person- state the offense- signed by magistrate
refusing to obey a subpoena in a Felony case is constitutes a fine of _______
$500
refusing to obey a subpoena in a Misdemeanor case constitutes a fine of _______
$100
Writ issued by the judge of the court or clerk, directed to any peace officer, commanding him to arrest a person accused of an offense, and bring him before the court immediately
Capias
commands a witness to bring before the court any evidence in the form of writings or other thing desired, he may have in his possession
Subpoena Duces Tecum
written statement of a grand jury, accusing a person of some act or omission which is declared to be an offense
Indictment
written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with an offense
Information
A police officer may seize property felt during a frisk when he has _____________________, from the ________ of the object, that it is contraband or other evidence of a crime
- probable cause to believe- feel
Chimel V California
search of areas within the person’s immediate control
probable cause for a search warrant must be based on
articulable facts
What is the Carroll Doctrine
vehicles can be searched without a warrant if probable cause exists to believe that the vehicle contains contraband
____________________ is the idea that evidence obtained after illegal government action will be excluded from evidence
fruits of the poisonous tree
Vehicle inventories are done in order to;
- protect owner’s property- Protection of the police against claims or disputes over lost or stolen property- Protection of the police from potential danger
Illinois V Gates
totality of the circumstances
A Terry Frisk is done when there is _______________ that the subject is armed and dangerous
reasonable suspicion
The surrender, desertion, relinquishment, disclaimer, or cession of property or of rightsThe voluntary relinquishment of control of property
Abandonment
What is an Examining Trial used for
determine whether probable cause exists to send a felony case on to the grand jury
conscious objective or desire to engage in the conduct or cause the result
Intentionally
aware that his conduct is reasonably certain to cause the result
knowingly
aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur
recklessly
he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
criminal negligence
if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both
party to an offense
what constitutes a Short barreled Firearm
Rifle barrel length of < 16 in. or shotgun barrel length of < 18 in. or any weapon made and altered that has an overall length of < 26 in
Objective of the Code
Insure public safety through? Deterrence, rehabilitation, and punishment to prevent recidivism Definition and grading of offenses Penalties proportionate to the crime Safeguard guiltless conduct Guide and limit the exercise of discretion Define scope of state interest
_______________includes consent by a person legally authorized to act for the owner
effective consent
When does conduct constitute an offense
When it is defined as an offense by statute, municipal ordinance, order of a county commissioner’s court, or rule authorized by and lawfully adopted under a statute
3 or more persons who collaborate in carrying out criminal activities
criminal combination
Agrees with one or more persons that a felony be committed/ includes at least 2 people
criminal conspiracy
Valuation Ladder: A Misdemeanor
750 - 2,500
Valuation Ladder: C Misdemeanor
0 -100
Valuation Ladder: B Misdemeanor
100 - 750
Valuation Ladder: SJF
2500 - 30,000
Valuation Ladder: Felony 1
300,000
Valuation Ladder: Felony 3
30,000 - 150,000
Valuation Ladder: Felony 2
150,000 - 300,000
Punishment Ladder: 1st Degree F
5 - 99 $10,000
Punishment Ladder: 3rd Degree F
2 - 10 $10,000
Punishment Ladder: 2nd Degree F
2 - 20 $10,000
Punishment Ladder: SJF
180 days - 2 years $10,000
Punishment Ladder: Misdemeanor C
$500
Punishment Ladder: Misdemeanor A
1 year $4,000
Punishment Ladder: Misdemeanor B
180 days $2,000
to be culpable for an offense you have to ______________ engage in the conduct
voluntarily
The Texas Penal Code does not ________, or __________, or otherwise affect a right or liability to damages in a ________ suit for conduct this code defines as an offense
- bar, or suspend-civil suit
A person commits an offense if he intentionally gives a false or fictitious name, address, or date of birth to a peace officer who has lawfully arrested or detained the person
Failure to Identify
Enters or remains on or in property, including an aircraft or vehicle, or another without effective consent
Criminal Trespass
“enter” in criminal trespassing means
extrusion of the entire body
intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbancerecklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist
Hindering Proceedings
knowingly engages in any of the following acts in a public place;if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his acts of sexual intercourse, deviate sexual intercourse, sexual contact, or bestiality
Public Lewdness
intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person, & requested the information
Failure to Identify
A person commits an offense if; with a child younger than 17 YOA engages in sexual contact with the child; or causes the child to engage in sexual contact; orwith intent to arouse or gratify the sexual desire of any person exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or causes the child to expose the child’s anus or any part of the child’s genitals.
Indecency with a Child
Without effective consent of the owner, enters a habitation or building (or any portion of a building) not then open to the public and commits or attempts to commit a felony, theft, or assault
Burglary of Habitation
“Enter” in burglary of habitation means to
intrude any part of the body or any object connected with the body
Commits assault with serious bodily injury or while using or exhibiting a deadly weapon during the commission of the assault
Aggravated Assault
Robbery become aggravated if;
causes serious bodily injury, uses/exhibits deadly weapon, or against victim > 65 YOA or disabled
Acting other than as a prostitute, knowinglyReceives money or other property in agreement to participate in the proceeds of prostitution, orsolicits another to engage in sexual conduct with another person for compensation
Promotion of Prostitution
A riot consists of _________ people
7 or more people
Intentionally or knowingly causes the penetration of Anus or sexual organ of another by any means without consent Mouth of any person by the sexual organ of the actor without consent Causes the sexual organ of another person To contact or penetrate the mouth, anus, or sexual organ of another, including the actor, without consent
sexual assault
Sexual Assault becomes aggravated if;
- victim is < 14, > 65, or disabled- use of drugs i.e. “date rape” - uses/exhibits deadly weapon- causes/attempts SBI- causes/threatens death, SBI, or kidnapping of anyone- places victim in fear of death, SBI, or kidnapping
Public servant who act under color of law, intentionally ? Subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful? Denies or impedes another in exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful? Subjects a person to sexual harassment
Official Oppression
How many validated clues are there for the HGN test?
3 for each eye (total of 6) (4 to confirm)
How many validated clues for the walk and turn?
8 total (2 to confirm)
Define HGN
horizontal gaze nystagmus- involuntary jerking of the eyes as the eyes gaze toward the side
What happens during Detection phase 1 of a DWI stop
- vehicle in motion- should I stop this vehicle?
What happens during Detection phase 2 of a DWI stop
- personal contact- should the driver exit?
What happens during Detection phase 3 of a DWI stop
- Pre-arrest screening- should I arrest?
While enforcing a divorce decree, it is the officer’s duty to use ____________________ to enforce the terms of child custody specified in the order
reasonable efforts
o with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding to; testify falsely withhold any testimony, information, document, or thing absent himself from an official proceeding to which he has been legally summoned abstain from, discontinue, or delay the prosecution of another
Tampering with Witness
a written or oral ruling by the court
Motion
(latin for: no goods) a form of return when a judgement debtor has no seizable property within the jurisdiction
Nulla Bona
for one’s self; on one’s own behalf without a lawyer
Pro Se
temporary seizure or setting aside of specific property to which a party to a suit has claim of ownership
Sequestration
to re deliver goods that have been seized by an officer to the original possessor of them, upon the original possessor giving security conditioned on prosecuting an action to determine the legality of the seizure
Replevy
commands a person to desist or refrain from the commission or continuance of the act enjoined or to obey & execute such order as the court has seen proper to issue
Injunction
What happens if a constable fails or refuses to execute and return according to law process, warrant or precept
$100 fine that goes to the benefit of the injured person
What is the distance from a school where it would be an offense to be in possession of an open container
1000 feet
Does a Peace Officer have to have a search warrant to search a business licensed by TABC
No
The requirement for signage at a licensed establishment for “Off-Premise”
Weapons Warning Sign (Blue) Consumption Warning Sign Public Information/Complaint Sign National Human Trafficking Hotline Number (English and Spanish)
The requirement for signage at a licensed establishment for “On-Premise”
Weapon warning sign (Red 51%) Public information/complaint sign National human trafficking hotline number (English and Spanish) Health risk warning sign
A peace officer who makes a seizure under section 103.03 of this code shall make a report in _____________ which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized
triplicate
An alcoholic beverage as defined by TABC is one that contains _________ percent of alcohol by volume
one-half of one percent
child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency
abducted child
Is a Directive to Apprehend subject to the appeals process
No
Any person having ________________ that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report
cause to believe
How long does a professional have to report child abuse or neglect
48 hours
How long can you detain a child in a juvenile processing office
6 hours
On the issuance of a directive to apprehend, any law-enforcement or probation officer ___________take the child into custody
shall
Highest % of LE crashes happen where
Intersection
Which is second to intersections for LE Collisions
Backing
Driver attitude, skills, vehicle capabilities, and driving conditions are all elements of ________________
defensive driving
Which of the following is not a method of good problem solvers?a. concern for accuracyb. positive attitudec. avoiding guessingd. double checking your worke. breaking the problem into partsf. activeness in problem solving
d. double checking your work
In the SARA model, this step includes:The identification of a cluster of similar, related or recurring incidents through a preliminary review of information
Scanning
In the SARA model, this step includes:The execution of a tailored set of actions that address the most important findings of the problem analysis phase and focus on at least two of the following: (1) preventing future occurrences by deflecting offenders; (2) protecting likely victims; or (3) making crime locations less conducive to problem behaviors
Response
In the SARA model, this step includes:The use of several sources of information to determine why a problem is occurring, who is responsible, who is affected, where the problem is located, when it occurs and what form the problem takes
Analysis
In the SARA model, this step includes:The measurement of the impact(s) of the responses on the targeted crime/disorder problem using information collected from multiple sources, both before and after the responses has been implemented
Assessment
The steps on the SARA model in order are:
ScanningAnalysisResponseAssessment
the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action
critical thinking
3 elements of the crime triangle
offender, location, victim
making inferences about what we see
observing
A temporary order until a hearing is held is called a _________It is valid for only ______ days
- ex parte order- 20 days
Which of the following can a protective order NOT prevent the offender from doing?a. Committing family violenceb. Communicating directly with a person protected or a threat through any person c. Going to or near the residence or place of employment of the protected persond. Going to or near the residence, child-care facility, or school of a protected childe. Engaging in conduct that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the personf. Possessing a firearm
The protective order CAN prevent the offender from doing all of these
Who can make an application for a protective order
- adult member of the family or household- prosecuting attorney - DPRS
Means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measure to protect oneself
dating violence
Abuse committed against a family member that results in threats or bodily injury
family violence
when a toxic substance enters the body in a short period of time is called ______________ exposure
acute
occurs when you are repeatedly exposed to the same toxic substance over a long period of time is called ___________ exposure
chronic
What language must hazmat labels be written in
English
What did NFPA do
Developed a marking system for HAZMAT
What conditions INC the likelihood of being exposed to a hazmat event?
heat and poor ventilation
Whren V US
Pre-textual traffic stops when the officer has observed a traffic violation or has probable cause to believe that criminal activity has been, or is, taking place
What do agencies have to have as a part of their policies in reference to racial profiling
- clearly define acts constituting racial profiling- strictly prohibit- implement complaint procedure- provide public education- require appropriate corrective action be taken
Where do most race based complaints come from
traffic stops
a law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior
racial profiling
Where in Texas law does it specifically state that officers are prohibited from racially profiling
CCP 2.131
The ability of a person to assert an interest in seized or forfeited property. A legal concept that a person has an ownership or possessory interest in property so as to exercise dominion and control over it
Standing
2 reasons for forfeiture
- protect the public from harmful products- protect the public from the property of criminal enterprise
When was SB 563 passed
May-01
3 defenses to Forfeitures:
- Innocent owner (non-consentual)- family violence- dismissal or acquittal of related charges
The intention of asset forfeiture is for it to be _____________ and not ______________
- remedial in nature- not a form of punishment
