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FAMS2101 > TEST 3 > Flashcards

TEST 3 Flashcards

1
Q

What is LE job at crime scenes

A

to preserve NOT process

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2
Q

what is the chain of custody

A

written record that documents who has had the item

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3
Q

what are the components of the winning survival circle

STEMP

A 
mental preparation
tactics 
physical fitness 
equipment 
shooting skills
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4
Q

when should equipment be checked

A

beginning and end of shift

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5
Q

2 criteria that tactics are evaluated on

A

safeness and effectiveness

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6
Q

what are the dozen deadly errors

A 
bad driving
improper handcuff and frisks 
not enough sleep
relaxing to soon 
bad positions 
failure to watch hands 
tactical restraint 
preoccupation 
failure to maintain health 
failure to wear safety gear 
complacency
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7
Q

countermeasures to increase personal safety

A 
professional identity 
carrying off duty 
home security and technology
mail
travel safety  
police on police awareness 
ambushes 
counter ambush attacks 
vehicle ambushes 
approaching home and businesses 
approaching multiunit buildings 
terrorist attacks
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8
Q

4 factors that define an ambush assault

A

element of surprise
concealment of person attacking
suddenness of attack
lack of provocation

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9
Q

what is RAM

A

Recognize
Asses
Move

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10
Q

what could happen if a family member testifies for the defendant

A

that could be impeached. Witnesses may lie to defend their kin. Kinship between the defendant and his alibi witness impeaches the witness’s credibility

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11
Q

what can be used to impeach witnesses

A

prior felony conviction

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12
Q

2 things needed to admit physical evidence

A

needs to be the exact same item and needs to be in the same condition as when it was found

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13
Q

Which witnesses are generally permitted to testify from their notes and reports

A

expert witnesses

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14
Q

What can be used to refresh a witness’s recollection or memory

A

anything

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15
Q

what can be used to impeach an officers testimony

A

his notes, if they do not match with his statements he will be impeached

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16
Q

What best describes the impact of the rule against hearsay

A

properly authenticated or self-authenticated [via seal or certificate] public
records/documents and business records are admissible to prove the truth (expect LE records)

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17
Q

what documents are self-authenticating

A

business records.
federal public documents.
state public documents

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18
Q

what is testimonial evidence

A

what they say

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19
Q

what is physical evidence

A

something you can touch or see

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20
Q

what is demostrative evidence

A

someting such as models, charts or graphic aids

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21
Q

who decides on the admissibiltiy of the evidence

A

the judge

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22
Q

what happens a pre trial suppresion hearing

A

jury is not present and the judge will decides to admit certain evidence

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23
Q

what does overruled mean

A

evidence is admitted, you can can answer

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24
Q

what does sustained mean

A

evidence is not admitted and dont answer

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25
Q

what happens at the voir dire

A

lawyers question potential jurors then the court will select the jury

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26
Q

what happens at the opening statements by counsel

A

lawyers tell the jury what they expect the evidence will show, the statements are not evidence

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27
Q

what happens in the case-in-cheif

A

government presents evidence by calling witnesses and offering exhibits

defense may cross examine witnesses and may challenge admissibility’s

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28
Q

what happens at the defense case

A

never required to present evidence

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29
Q

what happens at the rebuttal case

A

may only present evidence that rebuts or challenges the evidence the defense presented

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30
Q

what happens at the closing arguments

A

lawyers may only refer to evidence that the court admitted

argument by counsel is not evidence

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31
Q

what is the charge to the jury

A

judge will tell the jury the law so the jury may apply it

after deliberation, jury may announce the verdict

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32
Q

who determines the sentence

A

the judge unless it is a capital case (death penalty) then they jury does it

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33
Q

what is propensity evidence

A

“if he did it before. he mustve done it again” is NOT admissible

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34
Q

what is direct evidence

A

proves a fact directly without inference or conclusion

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35
Q

what is circumstantial evidence

A

proves a fact indirectly through inference, deduction and conclusion

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36
Q

difference between lay witness and expert witness

A

LAY-may only testify from personal knowledge

EXPERT- may offer their opinion

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37
Q

When can a LAY witness give an opinion

A

the opinion is rational based on their knowledge
the opinion is clear understanding of the testimony
the opinion is not based on specialized
knowledge

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38
Q

examples of proper LAY witness opinions are

A

handwriting
voice
emotional condition
not requiring scientific or technical knowledge

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39
Q

what makes a witness credible

A

if they are believable and the jury will decide

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40
Q

what is impeachment

A

an attack on the credibility of a witness

41
Q

what happens when someone is impeached

A

the party that had the impeachment may rehabilitate to restore the witnesses credibility

42
Q

factors that affect witnesses credibility

A 
bias
motive to fabricate testimony 
inability to observe or remember 
contradiction 
prior inconsistent statements 
instances that show untruthfulness
43
Q

what can be used to impeach

A

felony convictions and misdemeanors for crimes involving dishonesty

conviction must be more than 10 years old for it to work
less than 10 judge will decide

MUST RESULT IN CONVICTION

44
Q

when do the federal rules of evidence apply

A

only during trials and not other proceedings however FRE concerning privilege’s apply to all proceedings

45
Q

when can character evidence be used

A

only when the defense uses it first, the gov can use it in the rebuttal

46
Q

what is “laying the foundation”

A

process of authenticating evidence

47
Q

how do you “lay the foundation”

A

through the testimony of a witness who saw, seized, or collected the evidence

48
Q

what does the evidence tag say

A

where
date
time
name of LEO (they should recognize it), should be the first name in the entry)

49
Q

can witnesses testify from their notes

A

no unless they are an expert witness

50
Q

what can be used to impeach witnesses testimony

A

LEO and other witnesses notes and report,

51
Q

3 major components that affect the development of perception

A

observer
events being observed
ambient conditions

52
Q

stress that impacts human perception

A 
physical stress(heart rate)
Psychological stress(fear)
Acute stress(traumatic event) 
Preservation of action(keep doing something thats not working)
53
Q

physical factors that affect perception

A 
age
vision
hearing
smell
taste
point of view
illusions
54
Q

things to consider while interviewing witness/victim

A

carefully plan interview and questions

have compassion

55
Q

what is a simultaneous lineup

A

witness views all persons at same time

56
Q

what is a sequential lineup

A

witness views person one at a time and makes decision before seeing the next one

57
Q

what is a privlege

A

shared between people in specific relationship where gov cannot require person to share info

58
Q

what are nonfederally recognized privilege’s

A

doctor-patient
accountant-client
journalist-source
parent-child

59
Q

what is the attorney-client privlege

A

covers communication (written,oral) even before payment and after the relationship end

for privilege to exist, the attorney must be “working”, client must intend it to be confidential, and communication must be confidential in fact

60
Q

when do privilege’s with your attorney not apply

A

during any sales, accounting, or criminal mischief or in the presence of a third party or public space

61
Q

what is the spousal privilege

2 types

A

Testimonial privilege- right to refuse to testify against spouse
Marital communication privilege- protect private communication between spouses made during marriage (extends beyond divorce

62
Q

why does the marital privlege exist

A

to encourage spouses to communicate and preserve marriages

63
Q

what is the psychotherapist- patient privilege

A

must show communications were confidential, between licensed therapist and patient, and during the course of diagnostic or treatment

64
Q

when does the psychotherapist-patient privilege not apply

A

when statements made were infront of group therapy or patient threatens himself or others

65
Q

what is clergy-communicant privilege

A

must show communications were to member of clergy, the clergy was “working”, had reasonable expectation of confidentiality

66
Q

what is the government-informant privilege

A

communication is not privileged BUT the ID of informant and info that would reveal ID is

AUSA will exercise privilege

67
Q

when does hearsay occur

A

when a person makes a statement out of court, a party offers the out of court statement in court, and the party tells the out of court statement for the truth

68
Q

what do LEO use hearsay for

A

to get PC and RS, it is however inadmissible in court

69
Q

what happens when a party is asking the jury to believe a statement is true

A

it becomes hearsay

70
Q

what can only be used once in a MANPADS

A

battery and tube

71
Q

info on the launch tube

A

Kevlar, 3in diameter, 60in in length, 40 pound when loaded

72
Q

what comes in MANPAD package

A

2 tubes and spare batteries

73
Q

what is a SAM footprint

A

effected area if a plane got shot down (325sq mile damage area)

74
Q

how should you treat someone holding a MANPAD

A

approach from the sides, treat as if IED, notify dispatch, FBI, military EOD

75
Q

Evacuation distance for a MANPAD

A

1200 ft

76
Q

4 criteria to fly arms

A

Training
authorized
completed TSA training
valid need to fly armed

77
Q

reasons to be flying armed 7

A 
protective escort 
hazardous surveillance 
prison escort 
required by agency 
FAM
LEO traveling must be armed after flight 
FFDO
78
Q

pre-flight check in procedures

A

physically check in 1 hour early, complete “fire arm authorization form” give copy to gate agent

79
Q

credentials for proper ID to fly armed

A

Pic of LEO, signature, agency seal

80
Q

duties of LEO while flying with poisoners

A

notify airline 1 day before, let them know if they are max risk, only plastic forks, last to leave

81
Q

what can you do while escorting prisoner

A

pass TSA screening as long as you checked them, carry other restraining devices

82
Q

where does OC and weapons go on planes

A

both in checked luggage

guns go in hard container (long gun-tag inside case, hand gun-tag outside case inside separate bag)

83
Q

actions to take if denied to fly armed

A

notify security coordinator
inform supervisor
submit memorandum

84
Q

what are common issues related to ethical behavior at work

A

misuse to gov vehicle, authority, property and travel cards

improper disclosure of information
unlawful acceptance of values

85
Q

1 reason officers get decertified

A

false statements

86
Q

what does the office of special counsel do

A

protect whistleblowers

87
Q

4 key terms related to ethical behavior

A

ethics
morals
values
virtues

88
Q

most measurable features in training environment

A

toolset and skillset (tip of the iceberg)

89
Q

what refers to the officer who made the commitment to employ skillset, toolset

A

mindset and heartset

90
Q

definition of heartset

A

inner spark that opens up the mind and body to training

91
Q

6 core values for federal law enforcement

A 
integrity 
fairness 
respect
honesty
courage 
compassion
92
Q

3 components of character

A

moral knowing
moral feeling
moral action

93
Q

influence of ethical decision making 7

A 
peer pressure
slippery slope
rationalization 
noble cause corruption
street level bureaucracy
hypervigilance 
victim thinking
94
Q

definition of nonfeasance

A

failure to take action required by law

95
Q

definition of misfeasance

A

performing lawful task in unprofessional manner

96
Q

definition of malfeasance

A

illegal conduct

97
Q

5 steps in the decision action process

A 
inquire 
define 
weigh 
act
evaluate
98
Q

exceptions to hearsay

A

starting event
under stress, excitement
medical history

FAMS2101 (14 decks)

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