Basic
Definitions
Definitions
People surrender some freedom in exchange for protection by society is known as?
Social Contract
What are the sources of law?
Which is formalized and which in fundamental?
-- English Common law
--Constitution --fundamental
-- Statues (Penal Law)-- formalized
--Court Decision (case law)
16-23 people
12 for a True Bill (indictment)
What is level 2 also known as?
Common law right of inquiry (Founded suspicion/Criminality afoot)
Physical Force
Deadly Physical Force
Physical Injury
Serious Physical Injury
A)What is the difference between Criminal Law and Civil Law?
B)What is another word for civil law
A)Criminal law - Wrong against society
Civil law- Wrong against an individual
B) Tort
What are the first three articles of the constitution?
Article 1- Legislative branch (Makes the law)
Article 2- Executive branch (Enforces the law)
Article 3- Judicial Branch (Interprets the law)
What are the four components of the Criminal Justice System?
Police- law enforcement
Prosecutor-- investigate, prepare, and present evidence
Courts-- Adjudicate cases
Corrections-- Retribution, Deterrence, Incapacitation, Rehabilitation
You are at a common law right of inquiry and you ask to search and they agree what form do you have to fill out when you complete the search?
-- Common law right of inquiry consent to search form
What are the types of people when it comes to how much force is reasonable?
-- Compliant
-- Passive Resistant
-- Active Resistant
-- Aggressive Resistance
-- Aggravated Aggressive Resistance
What are Felony and Misdemeanor characterized as and what are their definitions?
Felony and Misdemeanors= CRIME
Felony- Punishable by more that one year in a state prison (366 days)
Misdemeanor- Punishable by 16 --> 1 year in a city/county jail
What is the First, Second, and Fourth amendment?
First- Freedom of Religion, Assembly, Speech, Press/ Petition
Second- Right to bear arms
Fourth- Freedom from unreasonable searches and seizures
What happened in NYC Criminal Court and NYS Family Court
Criminal Court- Initial arraignments, trials for misdemeanors and violations, preliminary hearings (One in each borough)
NYS Family court- Paternity, Juveniles, Custody, Adoption, PINS, Spousal/Child support
What is the definition of reasonable suspicion?
When you believe an individual has committed, is committed, or is about to commit a penal law misdemeanor or a felony
- Parent, Teacher, or Guardian
- Warden, Correction officer, Jail Official
-Licensed Physical to administer a treatment
-to prevent suicide
What are the types of petty offenses and what are their definitions?
Violation- punishable up to 15 days in a city/county jail
Traffic infraction- Requires a fine
What is the fifth amendment and what is the definition of double jeopardy?
Right to a Grand Jury
Eminent Domain
Double jeopardy -- cannot try someone in the same court on the same charge
Due process
self incrimination
Which court hears appeals from the Appellate Division?
NYS Court of Appeals
PO responds to a car accident. Upon arrival he sees a woman on the sidewalk and asked her what happened. As he approaches her she runs away. Is the PO allowed to chase?
No, because he is at a level 1 Request for Information and she is free to run away.
A motor vehicle approaches PO Stewart and the driver points a gun at the officer. Based on the Departments guidelines what would be the correct thing to do?
a) which is the highest standard in law?
b) Which is highly probable?
c) Which is know for tipping of the scales?
d) Which is also known as reasonable cause to believe?
1. Probable Cause -- Reasonable cause to believe
2. Preponderance of evidence-- Tipping of the scales
3. Clear and convincing evidence-- Highly probable
4. Beyond a reasonable doubt-- Highest standard in law
What amendment protects a citizen from abusive acts by the state?
Fourteenth Amendment
What is the 12 step Criminal Justice Process?
1.Investigation
2.Arrest
3.Station House Booking
4.Central House Booking
5.Prepare Complain to the DA
6. Arraignment
7.Preliminary Hearing
8.Grand Jury
9.Supreme Court- Re-arraignment10. Pre-trail hearing
11.Trial
12. Sentencing
What are the Elements of an Arrest?
-- Intent
--Recognition
--Authority
--Custody