Inmate Rights / Contraband
The attorney-client privilege is based on which Amendment?
Sixth
What are Instrumentalities of a Crime & Fruits of a crime?
Instrumentalities - anything used to commit a crime. Fruits - anything gained or obtained by committing a crime.
What are the two forms of resistance?
resistance to a verbal command and physical resistance
What are the two main categories of damages and explain each one.
Compensatory - compensate a victim for their injuries, damages, property loss
Punitive - to deter and punish the defendant
What is the purpose of PREA?
make rape prevention and awareness in a correctional setting a top priority
How does the book define Criminal Intent?
'By purposely doing what the law declares to be a crime'
Define 'objective reasonableness'
'the use of force is to be judged from the perspective of what a reasonable officer would do under the same circumstances without the benefit of hindsight'
What are the penalties from being found civilly or criminally liable?
administrative discipline, suspension from work, loss of certification and employment and incarceration
What 2 things provides authority to county facilities to establish policies and procedures relating to contraband?
What are the 5 types of evidence?
Direct, circumstantial or indirect, physical, testimonial, documentary
What 3 facts or circumstances of a case does the textbook consider the court should carefully review when discussing the objective reasonableness test?
Severity of the crime, whether suspect was immediate threat to officer or others and whether suspect was actively resisting or evading
What are the 5 Legal defenses available to defend against civil or criminal liability?
Acts done in good faith, acts done in a reasonable manner, acts justified under the law, emergency doctrine, limiting liability
Confiscated contraband may be _____, _____, or ______.
destroyed, converted, or reused
Name the 4 types of acceptable documentation styles.
writing, video, photograph or audio
What are the types of penalties for use of force?
criminal, civil, civil rights, administrative
Chapter 111, F.S., protects officers charged with civil and criminal actions if those actions occurred _______________________________________.
'within the scope and course of the officers employment'
What Florida State Statues dictate how to handle confiscated contraband?
932.704 , 932.7055
What criteria reclassifies the offense of assault or battery to a more severe degree?
' assault or battery on a facility employee who is performing their duties'
What are the 6 authorized use of physical force for corrections officers?
1-defend his or herself 2-prevent person from escaping 3-prevent damage to property 4-quell a disturbance 5-overcome physical resistance to lawful command 6-administer medical treatment
Define direct liability and vicarious liability.
Direct - employing agency's negligent hiring, assignment, training, or retention
Vicarious - agency being found liable even if it not directly responsible for the injury