TERMS AND DEFINITIONS Flashcards
Custody
Legal or physical control of a person or thing.
Arraignment
The hearing before the court in which the identity of the defendant is established, the defendant is informed of the charge and of their rights, and the defendant enters a plea.
Plea
A defendant’s formal answer in court to the charge contained in a complaint or indictment.
Nolo Contendere
A defendant’s plea to a criminal charge in which the defendant states that he / she does not contest the charge, but neither admits guilt nor claims innocence.
In Loco Parentis (Juvenile)
Having rights and responsibilities of a parent with respect to the care and supervision of a child.
Guardian Ad Litem (Juvenile)
A person appointed by the court to represent a minor
Intent (Mens Rea)
Either to cause a particular result or with knowledge that a particular result will occur.
Motive
The cause that moves or stimulates a person to act.
Circumstantial Evidence
Evidence that does not directly prove a fact, but raises a strong inference or suggestion.
Double Jeopardy
Prohibits the prosecution of a defendant for the same offense twice (5th Amendment)
Entrapment
The act of a law enforcement office in inducing a person to commit a crime that the person was not otherwise disposed to commit.
Exigent Circumstances
A set of circumstances requiring immediate attention or swift action. (Prevent imminent danger to life or damage to property)
Concurrent Sentence
If an offender has more than one sentence, all sentences are served at the same time.
Consecutive Sentences
If an offender has more than one sentence, the first sentence shall be served before the start of the second.
Megan’s Law
Requirement of LE agencies to make information available to the public regarding sex offenders and their release into the public. Information released consists of the name of the released offender and the location of where the offender will be living.
Curtilage
The ground and buildings immediately surrounding a dwelling and used for domestic purposes
Good Faith Exception
An exception to the Exclusionary Rule, whenever a LE officer acting with objective good faith has obtained a search warrant from a detached and neutral judge, and acted within its scope, evidence seized pursuant to the warrant will not be excluded.
Tort
A private or civil wrong or injury
36 Hour Rule
The suspect must be formally charged, excludes the day of arrest, Sundays, and legal Holidays.
48 Hour Rule
A judge must make a determination on the probable cause presented to hold or release a suspect.
Petty Misdemeanor
An offense prohibited by statute, which does not constitute a crime. Fine up to $300
Misdemeanor
A crime punishable by imprisonment up to 90 days and or a fine of $1000
Gross Misdemeanor
A crime punishable by imprisonment up to 364 days and or a fine of $3000
Felony
A crime punishable by imprisonment for more than one year
Bodily Harm
Physical pain or injury. Injury that cannot be seen.
Demonstrable Bodily Harm
Visible cuts, scratches, and bruises.
Substantial Bodily Harm
Injury that involves a temporary but substantial disfigurement. (Broken Bones, Black eye swollen shut, Broken Tooth) Things that can be fixed or healed.
Great Bodily Harm
Injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment. Horrible scar on face, loss of an eye or finger, Tooth knocked out.
Dangerous Weapon
Any firearm (loaded or unloaded), any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid.
Probation
The conditional freedom without imprisonment granted as long as the person meets certain conditions of behavior.
Parole
A condition of release entitling the person to serve the remainder of his/her sentence outside the prison if the person complies with certain terms and conditions.
Indictment
A formal written accusation submitted by a grand jury to a court alleging that a specified person has committed a specific offense.
Venue
The geographic area from which the jury is drawn and in which a court with jurisdiction may hear and determine a case.
Inevitable Discovery
The admission of tainted evidence if it would inevitably have been discovered in the normal course of events. The prosecution must establish by a preponderance of the evidence that, even though the evidence was discovered as a result of a constitutional violation, the evidence would inevitably been discovered by lawful means.
Probable Cause
When the facts and circumstances within a person’s knowledge and of which he/she has reasonably trustworthy information are sufficient in themselves to justify a person in believing that something is true. Less than certain, but more than mere suspicion. 51% or greater.
Articulable Suspicion
Less than probable cause, but more than a hunch
Premeditation
To think of an act beforehand, to plot or plan. Comes down to time.
Crime
Conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment with or without a fine.
Conviction
Means any of the following accepted and recorded by the court (a plea of guilty or a verdict of guilty)
Burglary Tools
Any device, explosive or other instrumentality that an individual possesses with the intent to use or permit the use of the same to commit burglary or theft
Grand Jury
A jury made up of 12 to 23 persons, that determines whether there is sufficient evidence to warrant issuing charges.
Trial Jury
A jury made up of 12 (Felony Level) or 6 (GM or M) jurors that render a verdict.
Omnibus Hearing
Court determines if PC exists to hold the defendant for trial.
Court hears suppression motions.
Often found in DUI cases.
Speedy Trial
The right of a defendant to have a prompt trial as guaranteed by the 6th Amendment.
Court Trial
Trial by a judge, Petty Misd cases most often, Often referred to as a Bench Trial
Determinate Sentence
A type of sentence to incarceration where the commitment is for a specified single time. Set amount of time for a crime.
Indeterminate Sentence
A type of sentence to incarceration where the commitment is for a range of time. The duration of the sentence is determined by things like previous record, behavior, etc. can lead to a reduced sentence.
Contact and Cover
A term used by LE officers to explain their roles during an incident.
Cover and Concealment
Things that provide a hiding place vs. things that stop bullets.
Slice the pie
A term used by LE officers to explain a slow searching technique (Cutting the corner)
Summons
A formal written notification to appear in court to face formal legal proceedings/charges.
Subpoena
A formal written notification to appear in court for testimony.
Attempt
More than mere preparation, an act and or to take a substantial step towards commission of a crime.
Conspiracy
Agrees with another and or others to commit a crime, and one or more of parties does an over act
Dwelling
A building used as a permanent or temporary residence.
Change of Venue
A procedure of moving a court case to a different location to better serve the interests of justice.
National Crime Information Center (NCIC)
A collection of records maintained by the FBI consisting of wanted persons and stolen property.
Integrated Automated Fingerprint Identification System (IAFIS)
A collection of fingerprint records maintained by the FBI
Combined DNA index system. (CODIS)
Database maintained by individual states containing DNA profiles of offenders, unsolved crime scene evidence, and missing persons.
Data Practices and the Media
General rules = release general information only, not specifics.
Intent
With purpose to cause the result.
Mental State
“Know” requires only that the actor believes that the specified facts exist,
“Intentionally” means that the actor either has a purpose to do the thing or cause the result specified or believes that the act performed by the actor if successful will cause the result.
Over Act
The act itself does not have to be a criminal act.
Graham v Connor
1984- Case happened
1989- Supreme Court decision. From this decision the court said “Objectionably Reasonable” was the standard of the 4th Amendment to judge use of force issues. They defined “Objectionably Reasonable” to be what a well trained officer COULD believe or conclude.
The “Reasonable Officer” criteria
Include the following
On scene of the incident
At the moment force was used
20/20 hindsight not allowed (no Monday Morning Quarterback)
Totality of the Circumstances
A reasonable amount of force is determined by.
Serious of the crime
Threat level or resistance
Number of suspects to Number of officers
Blood Borne Pathogens
Three prong test “Graham Factors”
Severity of the crime, Suspect poses an immediate threat, and active resistance/flee
Early England
1066 first police “system”
“Shire” was a large group of citizens, police for the “shire” were the “reeve”, “Shire Reeve” turned into sheriff.
Frankpledge System
Required that every male above the age of 12, form a group with nine of his neighbors called a tything.
Households were bound together by mutual responsibility to keep the peace
Bow Street Runners
London’s first professional police force founded in 1749 by magistrate Henry Fielding
Watch System
Composed of community volunteers whose primary duty was to warn of impending danger.
Not very effective as a crime control device
1636 Boston- First night watch
1658 New York
1700 Philadelphia
Modern Police Oranizations
Formed in response to civil disorder (drunkenness and prostitution)
Similar to organized professional criminals, focus was to “protect” local politicians
1838 Boston established the first American police department
Community Policing
Foot Patrol, School resource officers, DARE officers. Focus on citizen involvement, cooperation, problem solving.
Problem Oriented Policing
A strategy that uses analysis of specific crime problems. Crime Mapping and Intelligence Led Policing (ILP) where is the next crime going to be.
SARA Model
Problem-solving by looking for the next root cause.
1. Scan- Search for common issues that reoccur, define the problem.
2. Analysis- Who are victims, who are criminals, type of crimes.
3. Response- Work with community members to solve problems together, possible solutions.
4. Assessment- Evaluate effectiveness, continual reassessment
Broken Window Theory
Was debunked within the last year. NOT TRUE
Three branches of government for the purpose of balance of power
Legislative- is divided into the House of Representatives and the Senate (Congress) main purpose is to create laws
Executive- Consists of the President and Vice President
Judicial- Consists of the Supreme court (LE Officers)
Which branch of government does LE Officers fall under
Judicial
1st Amendment
Freedom of religion, speech, press and assembly
2nd Amendment
Right to keep and bear arms. Red Flag Law
4th Amendment
Search and Seizure
5th Amendment
“Plead the 5th” and “Double Jeopardy” “Self-Incrimination”
6th Amendment
Right to Counsel, Right to a Speedy Trial
7th Amendment
Right to a trial by jury
8th Amendment
No excessive bail, No cruel and unusual punishment (Death Penalty)
14th Amendment
Due Process and Equal Protection
Warrant
A written order or writ issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice.
Arrest
The taking of a person into custody of the law for the purpose of charging the person with a criminal offense or a delinquent act or status offense.
Custodial Arrest
An arrest in which the person arrested is taken in custody and not merely given a ticket, citation, or notice to appear. Weather or not an arrest is custodial is a determining factor in justifying a search incident to arrest.
Probable Cause
When the facts and circumstances within a person’s knowledge and of which he or she has reasonably trustworthy information are sufficient in themselves to justify a person of reasonable cause and prudence in believing that something is true. It means something less than certainty, but more than mere suspicion, speculation or possibility. 51%
Arrest Warrant
A written order issued by a magistrate or other proper judicial officer, upon probable cause, directing law enforcement officer to arrest a particular person. The arrest warrant must identify the person to be arrested by name and or other unique characteristics and must describe the crime.
Felony and Gros Misdemeanor warrants
May be served ANY TIME, ANY DAY, ANYWHERE
Misdemeanor warrants
May NOT be served on Sundays, legal holidays, or between 10PM-8AM. Unless a “night capped” warrant is issued or the subject is found in a public place.
Warrantless Misdemeanor Arrests
Domestic Assault (72 Hour Rule)
Violation of No Contact Order (NOC)
All DWI Related offenses
Any GM Theft
Unwitnessed Misdemeanor Arrest Exceptions
Domestic Assault (within 12 hours)
DWI
Failure to stop at a RR Crossing (within 4 hours)
Failure to submit vehicle to weighing (within 4 hours)
Failure to yield to an emergency vehicle (within 4 hours)
Interference with 911 call
Shoplifting
Stalking
Theft
Search Warrant
An order in writing, issued by a magistrate or other proper judicial officer in the name of the people of a state or of the nation, directed to a law enforcement officer and commanding him or her to search a specified person or premises for specified property and to bring it before the judicial authority named in the warrant.
The judge or magistrate is acting as the “neutral third party”
Affidavit of Probable Cause
A written statement sworn to or affirmed before an officer authorized to administer an oath or affirmation.
Night-Capped Warrant
Warrants that can be executed after 8 PM and before 7 AM. This type of warrant must be authorized by a judge, only after the application for the warrant shows th necessity for the cover of darkness.
Example: Items could be lost, destroyed, or removed. Or for officer safety.
No Knock Warrant
Warrants that can be executed without an announcement by officers before making entry. This type of warrant must be authorized by a judge, only after the application for the warrant shows the necessity.
Example: Officer Safety, destruction of evidence.
Curtilage
The ground and buildings immediately surrounding a dwelling and used for domestic purposes in connection with the dwelling.
Officers should treat curtilage like the home itself. Only two reasons to be on curtilage.
Knock and Talk (use the girl scout rule)
Calls for service (either an emergency or routine)
Open Fields
No expectation of privacy for activities that occur outdoors in fields or other areas viewed by the public. Examples: Front yards and sidewalks
General rules of Search Warrants
The search warrant must be executed within 10 days of issuance.
The search warrant, search warrant affidavit, and the inventory, return and receipt must be filed with the Clerk of Court within 10 days following the execution of the search warrant.
Exceptions to the “Search Warrant Rule” Rule of 7
- Search incident to arrest
- Consent Search
- Plain View Doctrine
- Carroll Doctrine
- Open Fields
- Abandoned Property
- Stop and Frisk
Search incident to Arrest
A law enforcement officer, who legally arrests a person, is allowed to conduct a warrantless search of the person contemporaneous with the arrest.
Consent Search
A search of a person’s body, premises, or belongings conducted by a law enforcement officer with person’s permission. A consent search is lawful only if the totality of circumstances surrounding the search indicate that the consent was voluntary.
Plain view Doctrine
The rule stating that the observation of items lying open to view by a law enforcement officer, who has the right to be in a position to have that view, is not a search, and that the officer may seize any evidence without a search warrant.
Carroll Doctrine
The search and seizure doctrine, that a warrantless search of a motor vehicle under exigent circumstances by a law enforcement officer who has probable cause to believe that the vehicle contains items subject to seizure is not unreasonable under the 4th Amendment.
Exigent Circumstances
an emergency, a pressing necessity, or a set of circumstances requiting immediate attention or swift action to prevent imminent damage to life or serious damage to property, or to forestall the imminent escape of a subject or destruction of evidence.
Open fields
The portions of a person’s premises lying outside the curtilage of his or her home or business.
Abandoned Property
Intentionally and voluntarily relinquish all title, possession, and claim to it with no intention or reasserting a claim.
Two requirements for Abandoned Property
The property must truly be abandoned
Abandonment cannot be caused by illegal police procedure
Reasonable articulable suspiction
Less than probable cause to make an arrest or conduct a search, but must be more than mere hunch. The officer must be able to point to articulable facts and more than just curiosity
Articulable Facts
Specific things such as Time of day, Location, Suspect’s actions, Suspect’s appearance, Prior knowledge, and flight.
The Exclusionary Rule
A rule stating that evidence obtained in violation of a person’s constitutional rights by a law enforcement officer will be inadmissible in a criminal prosecution against the person whose rights were violated.
Designed to deter police misconduct.
Weeks vs. U.S 1914
The U.S. Supreme Court ruled that evidence acquired by the federal government through unlawful activity was excluded as evidence at a federal criminal trial. The court grounded its decision in the 4th Amendment.
Mapp Vs. Ohio 1961
The exclusionary rule was expanded to apply to state prosecution.
Exceptions to the Exclusionary rule
- Inevitable Discovery
- Attenuation
- Independent Evidence
- Good Faith
Brown V Mississippi
Court ruled that the 5th Amendment protected individuals from being forced to confess
“Plead the 5th”
Terry V Ohio
Courts determined that the “Stop” and “Frisk” was reasonable based on the circumstances.
Gideon V Wainwright
Court ruled that persons accused of a felony have a fundamental 6th Amendment right to an attorney, even if they cannot afford one.
Escobedo V Illinois
Court ruled that when an accused person is denied the right to consult with an attorney, their 6th Amendment right to counsel is violated.
State (MN) v Scales
Require recording of interrogations
Whren vs. US
A simple traffic violation is enough for PC for a traffic stop.
Must have other reasons for expanding your stop
Brower v Inyo County
Usage of roadblock constituted a seizure
Canton v Harris
Departments can be heldliable for failing to train their officers in the duties they can reasonably expect to encounter during their work.
Tennessee V Garner
Created a national standard regarding the use of deadly force against fleeing felons.
Created the “Reasonable officer” standard.
A warning should be given if practical before usage of deadly force
Murder
Is the unlawful killing of a human being by another human being
Murder 1st
Cause the death with premeditation and with intent
Murder 2nd
Causes the death with intent, but no premeditation.
Murder 3rd
Cause the death with no intent and no premeditation
Manslaughter 1st
Heat of passion, Intent, without premeditation
Manslaughter 2nd
no intent, no premeditation
Culpable Negligence
Intentional conduct that the defendant may not have intended to be harmful, but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury
Negligence
Doing something that a reasonable person would not do or the failure to do something that a reasonable person would do under circumstances, a complete disregard for safety.
Assault
Five degrees ranging from felony to misdemeanor
Assault 1st
Great bodily Harm, Permanent disfigurement. Felony
Assault 2nd
Dangerous weapon such as a knife.
Dangerous weapon and substantial bodily Harm such as broken bones.
Felony
Assault 3rd
Substantial bodily Harm
Things that can be fixed or healed
Assault 4th
Assaults motivated by bias.
Victims include LE Officers, Nurses, Firefighters, etc.
Gross Mis
Assault 5th
Commits an act with intent
Intentionally inflicts or attempts to inflict bodily Harm.
Do not confuse with Domestic Assault
Misdemeanor
Robbery
The act of taking personal property from the person or in the presence of another AND threat or use of force to facilitate the taking or carrying away of property
Simple Robbery
Take property with force
Uses or threatens the imminent use of force.
Aggravated Robbery 1st
Simple Robbery PLUS dangerous weapon OR infliction of bodily harm
Aggravated Robbery 2nd
Simple Robbery PLUS implies they have a dangerous weapon.
Theft
The key parts are
1. Take without consent
2. intent to permanently deprive
3. Misdemeanor= less than $500. GM = More than $500 but less than $1000 F= over $1000
Damage to property
4 degrees
Must prove INTENT
follows the same outline as THEFT
Burglary
Four degrees
Must prove intent and without consent
Burglary 1st
Building is a dwelling and another person is present (Homeowner)
Burglar possesses a dangerous weapon
Burglar assaults someone in the building
Burglary 2nd
Entry to a building without consent with intent to commit a crime or commits a crime withing AND the building is a dwelling or contains a banking business and entry is with force or threat of force.
Burglary 3rd
Enters a building without consent with intent to steal or commit any felony or gross misdemeanor OR steals/commits a felony or Gross Misd
Burglary 4th
Enter a building without consent with intent or commits a misdemeanor OTHER THAN TO STEAL
Possession of a Burglary or Theft Tool
Having possession of any device/explosive/other instrument with intent to use or permit its use to commit a burglary or theft
CSC 1st
Penetration
Weapon
Great Bodily Harm
CSC 2ns
Contact
Weapon
Great Bodily Harm
CSC 3rd
Penetration
Some type of Occupational Relationship
Mentally incapacitated
CSC 4th
Contact
Some type of Occupational Relationship
Mentally incapacitated
CSC 5th
Nonconsensual Sexual Penetration
The person engages in nonconsensual sexual contact
Force
Infliction by the actor of bodily harm
The attempted infliction or threatened by the actor of bodily harm
Consent
Words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor
A person who is mentally incapacitated or physically helpless CANNOT consent
Incapacitated
A person under the influence of alcohol, narcotics, anesthetic, or other substance not taken voluntarily
Position of Authority
Any person who is a parent
A person acting in place of the parent and charged with or assumes any of a parents rights, duties, or responsibilities
Physically Helpless
A person is asleep or not conscious, unable to withhold consent or to withdraw because of a physical condition
Significant Relationship
Parent, stepparent, guardian
Related by blood, marriage or adoption as specifically identified
An adult who is or was in a significant romantic or sexual relationship with the parent of the complaint
Family or household members
Spouses and former spouses
Parents and children
Persons related by blood
Persons who are presently residing together or who have resided together in the past
Persons who have a child in common regardless of marriage or living situation
Persons involved in a significant, romantic or sexual relationship
Man and woman if the woman is pregnant and the man is alleged to be the father
Domestic Abuse
Means the following if committed against a family or household member by a family or household member.
1. Physical Harm, Bodily injury, or assaults’
2. The infliction or fear of imminent physical harm, bodily injury, or assault
3. Terroristic threats, criminal sexual conduct, or interference with an emergency call
OFP
Order for Protection
DANCO
Domestic Abuse no Contact Order
HRO
Harassments / Restraining Order
Ex Parte Order
Means an order on the request of and or benefit of one party
Issued by a judge, usually temporary order until a formal hearing
Domestic Assualt
Most of the time is a Misdemeanor
Domestic Assualt by Strangulation
Felony
Emergency calls and communications (Interference with a 911 Call)
Gross Misdemeanor
Juvenile Justice System
Prior to 1967, juveniles were treated the same as adults. Independent system separate from the adult court system.
Juveniles under the age of 14 are incapable of committing a crime.
Status Offense
An act or conduct that is a violation of state statute, but is only an offense if committed by a juvenile.
Examples: Possession of Tobacco, truancy, Curfew
Juvenile Petition
A document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, or a dependent, and asking that the court assume jurisdiction over the juvenile, or asking that the juvenile be transferred to a criminal court or prosecuted as an adult.
New Jersey Vs. T.L.O
US Supreme Court decision that allows the search of a student, their belongings in a school locker, and their vehicle parked on school property, by a school official.
In re Gault (1967)
US Supreme Court decision in which the “due process clause” of the 14th Amendment applied to juvenile defendants as well as adult defendants.
In re Winship (1970)
US Supreme Court decision in which the standard was set that “proof beyond a reasonable doubt” applies to both adults as well as juvenile cases.
Extended Jurisdiction Juvenile EJJ
Applies to juveniles over the age of 14 who commit a felony level offense
Established jurisdiction over juveniles until age 21
Certification
Process by which a juvenile over the age of 14, who commits a felony level offense, may be transferred from the jurisdiction of the juvenile court to adult court
Juvenile Records
Juvenile records are often “sealed” as confidential, and kept by the court system until the juvenile reaches the age of 28
Schedule 1 Controlled Substances
Mathacathinone, Cathinone, Lysergic acid diethylamide (LDS), Mescaline, Psilocybin, and Psilocyn (Mushrooms) Marijuana, THC, Morphine, Heroine, Codeine, and Peyote
Schedule 2 Controlled Substances
Cocaine, Crack cocaine, Opium, Codeine, Morphine, Poppy Straw, Coca leaves, Methadone, Amphetamine, Meth, and PCP
Schedule 3 Controlled Substances
Amphetamines, Methamphetamines, Codeine, Opium, and Morphine
Schedule 4 Controlled Substances
Diazepam, anabolic substances (steroids) and other growth hormones
Schedule 5 Controlled Substances
Compounds and or mixtures that include certain narcotic drugs and one or more non-narcotics active medicinal ingredients.
Vice Crime
Crimes that offend the morals of the community, such as prostitution and pornography, and gambling
Racketeer Influenced and Corrupt Organizations Act (RICO ACT)
Enacted in 1970 to allow federal LE Officers to target the infiltration of organized crime into the regular business marketplace.
Any person or business that commits two connected felonies within ten years, is defined as “Racketeering”
Fives stages of Death
- Pallor Mortis
- Algor Mortis
- Rigor Mortis
- Livor Mortis
- Decomposition
Pallor Mortis
Lightening of the skin shortly after death due to the lack of blood flow
Algor Mortis
Reduction in body temp
Rigor Mortis
Temporary stiffness of joints and muscles (usually starts 2-4 hours after death and can last for several days)
Livor Mortis
(Lividity) Blood pooling
Decomposition
Decay or rotting of the tissue
Aggravating Factors for a DUI
- Pervious DUI conviction within 10 years of the current offense
- BAC of .16 or higher
- 16 or younger passenger in the vehicle
First Degree Driving while impaired
Needs to have three aggravating factors.
Felony
Second Degree Driving while impaired
Needs to have two or more aggravating factors.
A person who violates refusal to submit to chemical test crime is guilty if one aggravating factor was present when the violation was committed.
Gross Misdemeanor
Third Degree Driving while impaired
One aggravating factor
A person who refuses to submit to a chemical test crime.
Gross Misdemeanor
Fourth Degree Driving while impaired
No factors needed
Misdemeanor
