Test 3

Question 1

What are reasons for the potential occurrence of police corruption?

Answer 1

• reluctance of officers to report corrupt activities of fellow officers
• reluctance of administrations to acknowledge corruption in their agencies
• benefits of corrupt transactions
• lack of victims willing to report corruption

Question 2

What is excessive use of force, and what is illegal use of force?

Answer 2

• excessive force is the application of an amount or frequency of force greater than that required to compel compliance from a subject
• illegal force- situations where the use of force by violates a law or statute

Question 3

Qualified Immunity

Answer 3

• shields individual officers from constitutional lawsuits unless unreasonable law violation
• citizens can sue federal agents when the defendants conduct violated a constitutional right or the constitutional rights of the plaintiff was clearly established

Question 4

1983 Lawsuit

Answer 4

(Title 42, Section 1983 U.S. Code)

-against an officer who denies others constitutional rights to: life, liberty, property, or without due process of law

Question 5

Racial Profiling

Answer 5

• any police action initiated by the race, ethnicity or national origin of a suspect rather than their behavior
• it reduces effectiveness of community folicing

Question 6

Major Dangers that police officers face ?

Answer 6

-stress, training accidents, car crashes, violence at the hands of criminal offenders

Question 7

Is fatigue a problem for law enforcement officers ?

Answer 7

Yes is causes accidents, injuries, misconduct, and long-term stress

Question 8

What is the basic structure of u.s courts ?

Answer 8

• individual states retain judicial autonomy from federal courts
• state courts hear cases that violate state laws

Question 9

State courts

Answer 9

• first state court is Massachusetts Bay Colony 1629

- courts began to form some uniformity because of industrialization,urbanization , and westward expansion

Question 10

Original Jurisdiction and Appellate Jurisdiction

Answer 10

• Original Jurisdiction: Lawful authority of a court to hear cases that arise in a specific geographic area, or that involve particular types of law violations
• Appellate Jurisdiction: “” to review a decision made by a lower court

Question 11

If someone convicted in a state trial court wants to appeal their verdict, what court hears their appeal first? Second? Etc.?

Answer 11

• First appellate level for lower courts (of limited jurisdiction)
• High-level appellate courts are called “state Supreme Court” or the “Court of Last Resort”

Question 12

Under what circumstances will the U.S. Supreme Court hear an appeal for a trial that originated in a state trial court?

Answer 12

• Must be based on claimed violation of defendant’s rights guaranteed by federal law or U.S. Constitution
• New evidence of innocence is not a reason for federal court to order a new state trial if there are no constitutional rights-violations (Herrera v. Collins 1993)

Question 13

What is a trial de novo?

Answer 13

New trial = trial de novo (Cases retried on appeal)

Question 14

What does it mean to use an adversarial process?

Answer 14

• Interests of the state (prosecutors) vs. skills of the defense attorney
• Constrained by procedural rules specified by law
• Sustained through tradition

Question 15

If someone is charged with a federal offense, what court will hear their case first? If they are convicted, what court do they appeal to?

Answer 15

• u.s. district court

- united states courts of appeals

Question 16

How many circuit courts of appeals are there in the U.S.?

Answer 16

12

Question 17

Are the appointments of Supreme Court justices and federal judges a political process- or is the process of nomination and appointment totally unrelated to the Executive and Legislative branches of the government?

Answer 17

a political process, presidents choose most like them

Question 18

What is the first appearance?

Answer 18

• Appear before magistrate or lower-court judge
• Defendant hears the charges, is advised of rights
• Opportunity to retain a lawyer or have one appointed
• Opportunity for bail

Question 19

What is a probable cause hearing?

Answer 19

• Will occur at first appearance if arrest is made without a warrant
• Judicial officer reviews police documents
• Ensures probable cause supports the arrest

Question 20

Why would someone be detained before their trial?

Answer 20

• Serious charges
• Flight risk
• Potential to harm others or the community

Question 21

What is the most common form of pretrial release?

Answer 21

Bail

Question 22

What is bail, and what is its purpose?

Answer 22

• Ensures reappearance in court

- “Innocent until proven guilty” so avoids punishment of the accused

Question 23

What are the alternatives to bail?

Answer 23

Release on Recognizance (ROR)
Collateral/Property Bond
Deposit bail  (court = bondsman)
Conditional release
Third-party custody
Unsecured bond (credit)
Signature bond (promise to appear)