TEST 6 Flashcards
DIFFERENT ELEMENTS OF POSITIONING
- Distancing far enough to be safe, close enough to see and hear
- Facing squarely
- Looking directly at people to demonstrate confidence and attentiveness
DEFINITION OF CRITICAL THINKING
• Critical thinking is the intellectually disciplined process of actively and skillfully information gathered from or generated by, observation, as a guide to belief and action”
WHAT IS COMMUNITY POLICING
• a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and community-police partnerships.”
ESSENTIAL ASPECTS OF CRITICAL THINKING
Dispositions: Criteria: Argument: Reasoning: Point of View: Procedures for Applying Criteria:
ESSENTIAL ASPECTS OF CRITICAL THINKING
Dispositions:
Critical thinkers are skeptical, open-minded, value fair-mindedness, respect evidence and reasoning, look at different points of view, and will change positions when reason leads them to do so.
ESSENTIAL ASPECTS OF CRITICAL THINKING
Criteria:
To think critically, must apply criteria. Need to have conditions that must be met for something to be judged as believable. Although the argument can be made that each subject area has different criteria, some standards apply to all subjects.
ESSENTIAL ASPECTS OF CRITICAL THINKING
Argument:
Is a statement or proposition with supporting evidence.
ESSENTIAL ASPECTS OF CRITICAL THINKING
Reasoning:
The ability to infer a conclusion from one or multiple premises.
ESSENTIAL ASPECTS OF CRITICAL THINKING
Point of View:
The way one views the world, which shapes one’s construction of meaning.
ESSENTIAL ASPECTS OF CRITICAL THINKING
Procedures for Applying Criteria:
Other types of thinking use a general procedure. Critical thinking makes use of many procedures. These Procedures include asking questions, making judgments, and identifying assumptions.
Four typical reasons for errors in reasoning:
- Person fails to observe and use all the relevant facts of a problem (When you thought it meant one thing and it was something else)
- Person fails to approach the problem in a systematic step-by-step manner, making leaps in logic and jumping to conclusions without checking them (Get all the facts and don’t think you know it all)
- Person fails to spell out relationships fully (How One thing relates to another)
- Person is sloppy and inaccurate in collecting information and carrying out mental activities. (life experience, put more info in your head so when shit hits the fan you’ll be prepared)
SARA MODEL
- Scanning:
- Analysis:
- Response:
- Assessment:
CRIME TRIANGLE
offers an easy way to understand and visualize crime problems. The crime triangle also provides an easy way to explain the analysis stage of the SARA model, and may help students perform analysis. The three (3) elements of the triangle are: offender, victim, and location.
Aspects of problem-oriented policing agencies:
- Focus on problems of concern to the public
- Zero in on effectiveness as the primary concern
- Be proactive
- Be committed to systematic inquiry as first step in solving substantive problems
- Encourage use of rigorous methods in making inquiries
- Make full use of the data in police files and the experience of police personnel
- Group like incidents together so that they can be addressed as a common problem
- Avoid using overly broad labels in grouping
- Encourage a broad and uninhibited search for solutions
- Acknowledge the limits of the criminal justice system as a response to problems
- Identify multiple interests in any one problem and weigh them when analyzing the value of different responses
- Be committed to taking some risks in responding to problems
5 METHODS OF GOOD PROBLEM SOLVERS
positive attitude concern for accuracy breaking the problem into parts avoiding guessing activeness in problem solving
Communication is an important professional skill.
WHAT PERCENT OF POLICE DUTIES REQUIRE GOOD VERBAL SKILLS
97%
Communication is an important professional skill.
WHAT PERCENT OF DUTIES REQUIRE FORCE
3%
Perception of a message:
- 7% content.
• 33% voice.
• 60% non-verbal’s (body language).
approximately _WHAT PERCENT__ of the time a message is received and interpreted based on how something is said rather than what is said.
93%
INDICATOR WORDS ARE NO LONGER WORKING
- When a person seriously threatens bodily harm to an officer or the general public, an officer’s control is compromised.
- Sometimes a person combines aggressive words and actions
- Words and gestures alone are not an attack
- Sometimes a person displays conflicting signs - words suggest one thing and actions suggest another
- A good principle to remember is: when words and actions disagree, trust actions.
- Actions can also be misleading, but whenever words and actions disagree, be alert and ready to use force.
- When a suspect begins walking or running away, or when a person escapes from custody
- When an officer is forced to repeat the same words or ideas over and over, the officer should conclude that the person is not being persuaded
- When repeated refusal by a person to comply with a reasonable request constitutes a need for more than words
- When a person is unreceptive to alternatives after repeated appeals
Personal appeal:
• This type of appeal works well with headstrong people who insist on getting their own way
PRACTICAL APPEAL
• Based on the beliefs and value system of the person
RATIONAL APPEAL
• This appeal is valuable when dealing with people having a strong sense of right and wrong
ETHICAL APPEAL
• This appeal is useful when dealing with people who are upset and highly emotional
Criteria for assessing whether a person is acting professionally are:
Ability to accurately assess the situation and define the problem
Ability to know when to move from words to force
Selective (the officer knows what kind of force and how much to use)
Appropriate (used in a controlled and purposeful manner)
Ability to return to words and verbal strategies once the threat to an officer’s safety (or other’s safety) is over
Possess the knowledge to recognize a person’s actions that indicates his/her being under the influence of some substance or having a mental or physical disorder.
Ability to evaluate personal performance
Capability of describing and characterizing performance to superiors
small claims monetary limit
10,000
Answer
A pleading in a civil matter in which one party (defendant) responds to the claim of another party (plaintiff); in an answer, the defendant will deny the allegations in the plaintiff’s complaint or agree with the facts but allege new information which should prevent the plaintiff from recovering on the facts originally presented.
DEFAULT JUDGMENT
A judgment entered by the court upon the failure of a party to plead or appear at the appointed time.
Injunction
Commands the person(s) to whom it is directed to desist or refrain from the commission or continuance of the act enjoined or to obey and execute such order as the court has seen proper to issue.
Order
Every direction of a court or judge; a mandate or command.
Service
The delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some proceeding concerning that person.
PLAINTIFF -
A person who complains or sues in a civil lawsuit and is so named on the record.
what happens when you forget to execute return process?
a fine of no more than 100 and no less than 10 and they are liable for all damages, they have 10 days notice of motion
Who do you make an application to a distress order?
Justice of the peace
Preferred method to serve citation
In person to the defendant
By mail
By alternate Service (TRCP 106b & 536c)
not on sundays
what directs a witness to bring a document or evidence,
Subpoena Duces Tecum
Citation
Official process by which a plaintiff gives a defendant notice of suit. The purpose is to give the court jurisdiction over the parties, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend himself.
Return
The endorsement by an officer upon a process stating what, where, when, why, how, and to whom service and compliance of the commands within the process were made.
what must a landlord do before conducting a lockout?,
a. The tenant must be behind in the rent and the written lease must have the provision for lockouts in the lease.
b. Landlord must give written notice before lockout.
c. Residential tenant must be given the new key regardless of whether the back rent is paid or not. This key must be available 24 hours a day.
d. Commercial tenant must pay the back rent before they receive the key and only during normal business hours.
e. Tenant may file a civil suit for damages caused by an illegal lockout.
f. Tenant may regain entry under a Writ of Reentry
who duty is it to execute and make returns on civil process
The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable.
civil trial are based on what
a judgment is rendered in favor of the complaining party or the defendant or somewhere in between based upon the preponderance of evidence before a judge or jury
how many days to you have to appeal a judgment
10 days for court judgement
5 days for eviction judgement
how old do you have to be served at an address of eviction?
16 or older
Alternate service
A court approved method of delivering a court document to an uncooperative defendant.
Writ of possession
When the judgment is for personal property, and it is shown by the pleadings and evidence and the verdict, if any, that such property has an especial value to the plaintiff, the court may award a special writ for the seizure and delivery of such property to the plaintiff.
What is a private or civil wrong or injury
Tort
When can an officer be held in contempt of court and held liable
in REFUSAL OR NEGLECT IN PERFORMANCE OF OFFICIAL DUTIES
What are civil suits based on?
- Purpose- establish courts jurisdiction and give direction to the defendant. Only the defendant questions jurisdiction of the court, the officer does not.
- Accompanied by the plaintiff’s petition—grounds for the suit and the relief being sought.
Who can issue a valid citation?
Sheriff, Constable, their Deputies, Servers Certified by the Supreme Court and any person over 18 (not a party to the suit and has no interest in the outcome) by court order.
