Intro/Civil and Criminal Liability
This is sometimes called regulatory law.
Administrative law pg 45
What is the most common type of search?
Plain view observation pg 59
Any statement made out of court by someone other than the person now testifying.
Hearsay Evidence pg 71
If you are unable to comply with a subpoena, who do you notify?
Office of the General Counsel Immediately. Pg 74
This term broadly describes criminal and non-criminal acts that are punishable under Florida law.
Offense pg 86
Occurs when the court holds one person or entity liable for the negligent actions of another person.
Vicarious liability pg 54
Means all factors known to an officer at the time of the incident.
Totality of circumstances. pg 63
There are two primary types of evidence that exist, what are they?
Direct evidence and Circumstantial/Indirect evidence. pg 70
This person is responsible for maintaining files and official records and issuing subpoenas.
Clerk of Court pg 76
Sexual battery on a child under 12 by a person 18 or older is what type of felony?
Capital felony pg 88
Explain sovereign immunity?
Legal doctrine that protects state and local government agencies and officials, including criminal justice, against civil suit or criminal prosecution. One of the most important protections for governmental employees and state agencies. pg 55
What FS states that a judge may issue a warrant for arrest if the judge finds reasonable grounds to believe that an offender has violated probation in a material respect, or willfully and substantially, by committing a new violation of law.
948.06(1) pg 62
A person cannot be charged with accessory after the fact if the person is related to the offender by blood or marriage as spouse, parent, grandparent, or sibling. What is the exception?
If the underlying crime is a second-degree felony or a more severe felony, or the underlying crime is child abuse or neglect, or the crime resulted in a child's death. pg 68
This refers to a subpoena that allows the person subpoenaed to provide the requested records in lieu of personal appearance.
Subpoena duces tecum for records in lieu of appearance. pg 72
What FS defines a felony?
s. 775.08(1) pg 86
What are the four elements of civil negligence?
1. Duty to act
2. Breach of duty
3. Causation or proximate cause
4. Damages pg 51
When an officer is justified in using a reasonable force, they have protections from prosecution. However, if the level of force used is excessive, the officer may face what type of penalties?
They may face criminal, civil and administrative penalties. Pg 66
What are the three incomplete crimes that require preparation to commit and generally occur as a prelude to additional crimes.
Attempt, solicitation and conspiracy. pg 69
Why should you never address or refer to the defense counsel as a public defender.
Doing so can cause a mistrial, as it may make the jury aware that the defendant cannot afford other representation. pg 83
If a three-time violent felony offender has a second degree felony what is the minimum term of imprisonment.
A term of 15 years pg 91
Explain the 1st, 2nd, 4th, 5th, 6th, and 8th amendment?
1st-Freedom of speech, press, peaceful assembly, and religion. 2nd-Right to bear arms. 4th-Prohibits unreasonable search and seizure. 5th-Prohibiting compelled self-incrimination, requires grand jury indictment for capital crimes, prohibits double jeopardy and deprivation of life, liberty, or property w/o due process of law. 6th-Defendant's right to have info regarding the nature of the charges, counsel, a speedy and public trial; confront witnesses; and to face impartial jury. 8th-Prohibits excessive bails and fines and cruel and unusual punishment.
The objective reasonableness test requires the officer to answer 2 questions about the level of force used in any situation.
Was the action reasonable and necessary?
Was the amount of force applied reasonable and necessary? pg 66
under s. 777.04(3), F.S., the state must prove the following elements to convict a suspect of conspiracy.
-The intent of an offender was that the offense would be committed.
-In order to carry out the intent, the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause the offense to be committed either by them, or one of them, or by some other person. pg 69
Every arrestee goes to a first appearance hearing, except under any of the following circumstances. Name the 3 reasons.
1. An officer or judge, in lieu of a physical arrest, issues a notice to appear in a designated court at a specified date and time.
2. The magistrate releases the person from custody on their own recognizance.
3. The person post bond pg 76
There are guidelines that eliminate disparity in sentencing decisions, it makes sure that the punishment fits the crime(s), and provide a means to score the penalty mathematically in several areas, including what? Name 4.
-The severity of the crime.
-Victim injury
-Offenders prior criminal record
-Offenders legal status. pg 96