The Police Flashcards
when does a criminal investigation begin?
THE MINUTE the police are AWARE/ INFORMED of a CRIMINAL ACT within the community
when does a criminal case begin?
when the police FORMALLY CHARGE the individual(s) with committing an OFFENSE
what is an indictable offense?
SERIOUS crimes, ex. murder or rape (violent, heinous).
Tried by a JUDGE or JURY.
2 years to “life” in prison
what is a hybrid offense?
LESS SERIOUS crimes that have a SERIOUS COMPONENT, ex. robbery (stealing with a threat of violence).
Tried by a JUDGE or JURY.
2 years less a day in prison
what is a summary conviction offense?
MINOR crimes, ex. public nudity, tickets.
Tried by a JUDGE ONLY.
6 months to a year
when can the police (formally) question you (3 things)?
if they WITNESS you COMMIT or CONTRIBUTE to a crime, have EVIDENCE suggesting that you have committed a crime, if there is a WARRANT OUT for your arrest
what is custody?
to be IN THE CARE or CONTROL of someone in a position of AUTHORITY
what is a detention?
to be in the CUSTODY of the POLICE for the purposes of QUESTIONING. your liberty is temporarily suspended (24 hrs.)
what is an arrest?
to be OFFICIALLY DEPRIVED of LIBERTY for the purposes of CHARGING the individual with a crime. CRIMINAL CHARGES must be MADE upon arrest. all arrests are detentions, but not all detentions are arrests.
what is a charge?
to make a CRIMINAL ACCUSATION AGAINST an individual in order to BRING THEM JUSTICE. ex. ‘charging’ her with attempted robbery
what is an indictment?
a FORMAL ACCUSATION (charge) created in ADVANCE of the ARREST. required for felonies and serious crimes. most often INITIATED by a WRIT/ FORMAL WRITTEN STATEMENT
when will the police arrest someone?
if they have JUST CAUSE or REASONABLE GROUNDS
what does just cause mean?
a JUSTIFIABLE and LAWFUL RATIONALE for an action
what are reasonable grounds?
the EVIDENCE or information present would lead a REASONABLE PERSON to CONCLUDE that the suspect HAS COMMITTED a CRIMINAL OFFENSE
what is due process?
PROPER JUDICIAL PROCEDURE that the police must follow when MAKING AN ARREST (if not followed, the defense can argue grounds for an appeal, inadmissibility of evidence, complete dismissal of charges)
what are the 5 steps the police must take upon arrest?
IDENTIFY themselves as the police, TELL the accused that they are UNDER ARREST, INFORM them of the CHARGE (show warrant if issued), TOUCH the accused to indicate that they are IN CUSTODY, INFORM the accused of their RIGHTS
what can constitute an admission of guilt?
PAYING a fine or giving an APPOLOGY
what extra rights do you have as a young offender (upon arrest)?
to talk to a LAWYER, PARENT, or ADULT BEFORE speaking with police, to have an ADULT there BEFORE making a STATEMENT to the police, to have your RIGHTS EXPLAINED in language you UNDERSTAND (dump it down for kids)
what are the search laws?
MUST have SEARCH WARRANT and present GROUNDS for search. only ITEMS ON the warrant can be seized (unless stolen/ illegal). seized items can be HELD for 30 DAYS.
when can the police search you without a warrant?
if the suspect is placed UNDER ARREST (search must be RELATED to the arrest), the police think you have ILLEGAL ALCOHOL, WEAPONS, DRUGS, etc, if you CONSENT
the police can keep you in jail without a warrant to do what?
establish WHO you are, STOP you from committing FURTHER CRIMES, STOP you from DESTROYING EVIDENCE, make sure you will APPEAR in COURT
what is jail considered?
a HOLDING FACILITY (part of custody)-not a prison
what is a citizens arrest?
an arrest WITHOUT a WARRANT by ANY PERSON other than a police officer (rarely used because people are scared to be sued for false arrest or be injured). usually made by a PROPERTY OWNER or employee against a person committing an INDICTABLE OFFENSE. -police should be contacted immediately
what is a writ?
LEGAL DOCUMENT that forces someone to PERFORM a specific ACTION