Systems
Name the 3 branches of government and what they are responsible for.
Legislative - make laws
Executive - carries out laws
Judicial - Interprets laws
p57
This amendment guarantees an impartial jury.
6th
p62
Highest class of felony.
Capital felony
p64
chapters, sections, and subsections
p66
What are the 4 elements of negligence?
A duty to act
Breach of duty to act
Proximate Cause
Damages
p72
curfews for minors, restrictions on hours when alcohol may be served, and parking regulations are examples of these.
Ordinances
p58
This document spells out the responsibilities and authority of the 3 branches of government.
Articles of the Constitution
p60
Aggravated battery is an example of this level of crime. Must include the max punishment.
2nd degree felony
15years/$10k
P64
Name the two parties to a crime (that can be charged with that crime).
Principal in the first degree and accessory after the fact
p68
The conscious decision someone makes to deliberately engage in an unlawful or negligent act.
Criminal Intent
p70
This is a set of facts sufficient to justify the right to sue to obtain money, property, or the enforcement of a right against someone.
Cause of action
p58
This amendment relates to making contact with a suspect that is represented by counsel.
6th
p61
Sexual battery on a child less than 12 by a person older than 18 is an example of this level of crime. Must include the max penalty.
Capital felony - life without the possibility of parole
p64
In reference to reading statutes - when not all of the outlined elements are required to establish the criminal act, the end of the element will generally be followed by this term.
"or"
p66
In deciding this, the judge and jury will have to determine if the harmful event was a foreseeable outcome of the defendant's act of failure to act.
Proximate Cause
p72
What is your responsibility as an LEO in regards to civil law situations?
Keeping the peace and referring to the appropriate jurisdiction.
p58
Define Due Process and the differences between substantive due process and procedural due process.
due process - laws must be applied fairly and equally
substantive - fair and consistent enforcement of the law
procedural - everyone is entitled to every step of the criminal justice process p61
Kidnapping is an example of this level of crime.
Must also include the maximum penalties.
1st degree felony - 30 years/$10k
**but kidnapping carries a max punishment of life incarceration**
p64
In reference to reading statutes...generally everything contained within ____ outlines the actual crime itself.
Subsection (1)
p66
These damages are in name only.
Nominal
p73
Explain the Supremacy Clause of the federal Constitution.
When laws conflict, federal law generally overrules state and local laws.
p58
This amendment requires grand jury indictment for capital crimes.
5th
p61
Criminal mischief is this level of crime. Must include the max penalty.
Depends of value of damage
less than $200 -2nd degree misdemeanor 60days/$500
$200-$1k - 1st degree misdemeanor 1year/$1k
p63/64
Name 4 of the 6 serious circumstances that may lead to an enhanced penalty:
1-violent offenses against LEO, 2-wearing something to conceal identity, 3-hate crime, 4-using a weapon, 5-unlawful taking of an LEOs weapon during commission of a crime, 6-furthering an act of terrorism
p67
These types of damages are awarded for destruction of personal property.
Special damages.
p72