Final review chapter 1-4 flashcards |

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  • Assumption

    A notion, statement, or belief about a person, group, or event that may or may not be factual

    Bias Prejudice

    A strong belief or feeling about a person, group, or subject, whether positive or negative, that is formed without reviewing all available facts or information

    Bribery

    To give, offer, or promise a benefit or gift to any public servant in order to influence the performance of any act or omission within the official discretion of that person. Section 838.015, F.S.

    Certified

    Sworn, as in a certified police officer

    Chain of command

    The order of authority within an organization

    Community control

    Community supervision in which a person is closely monitored and is more restrictive than probation or parole

    Conflict of interest

    The actions and situations that could conflict with official responsibilities

    Corrections

    The part of the legal system responsible for enforcing punishments defined by the court system

    Court system

    The part of the legal system responsible for the interpretation of laws

    Criminal justice

    The structures, functions, and decision-making processes of agencies that deal with the management and control of crime and criminal offenders

    Delegation of authority

    When a person with authority grants power to another person

    Discrimination

    Negative behavior toward a person or because of prejudice involving color, race, sex, age, religion, ethnic and national origin, handicap, and/or marital status

    Ethical behavior

    Principled, value-based decision making practiced daily

    Ethical principles

    Rules of conduct derived from ethical values

    Ethics

    The standards of conduct based on moral duties and virtues that are derived from the principles of right and wrong

    Gratuity

    Anything of value intended to benefit the giver more than the receiver; something given to a person because of that persons position or authority

    Hostile work environment

    A work situation in which lewd jokes or offensive habits are acceptable

    Insubordination

    A failure to follow orders from superiors in the chain of command

    Jurisdiction

    The types of cases in which the court can make decisions

    Lateral communication

    The communication in an organization that travels across employees on the same level within the chain of command

    Law enforcement

    The part of the criminal justice system responsible for the enforcement of and maintaining civil order

    Nolo contendere

    A legal plea in which an individual does not accept or deny responsibility for the charges but agrees to accept punishment

    Parole

    The release of an inmate from a correctional institution prior to the end of the inmates court-imposed sentence

    Perception

    An impression in a persons mind of an individual, people, or events based on experiences, biases, beliefs, assumptions, and observations; the process of organizing and attaching meaning to sensations, so that they can be interpreted

    Perjury

    A false statement made under oath which the person speaking does not believe to be true

    Personal values

    Individual convictions about what is right and wrong based on religious beliefs, cultural roots, family background, personal experiences, laws, organizational values, professional norms, and political habits

    Probation

    A sentence placing a person under the supervision of a probation officer for a specified length of time instead of in confinement

    Professionalism

    A behavior that follows the prescribed Law Enforcement Code of Ethics, which demonstrates good character and is marked by pride in self and career

    Quid pro quo

    A Latin term meaning "something for something in return"

    Sexual harassment

    Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

    Stereotyping

    A fixed and unvarying idea or opinion of a person, group, or subject

    Values

    The principles, standards, or qualities considered worthwhile or desirable; the core beliefs or desires that guide or motivate attitudes and actions

    Vertical communication

    The information that flows down through the supervision level to the lowest levels of the organization

    Accessory

    A person who aids or contributes in committing or concealing a crime

    Accessory after the fact

    An offense in which a person maintains or assists an offender and while giving assistance knows that the offender committed the felony, and assists with the intent of helping the offender avoid or escape detection, arrest, trial, or punishment. Section 777.03, F.S.

    Acting within the scope of employment

    The reasonable and foreseeable activities that an employee does while carrying out the employer's business

    Administrative law

    The body of law that allows for the creation of public regulatory agencies

    Admissibility of evidence

    The legal requirements that must be met before a jury is allowed to see or hear evidence

    Alibi

    A suspect or defendant's claim that he or she was not present when the alleged act was committed

    Arrest

    To deprive a person of his or her liberty by legal authority

    Arrest warrant

    A court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant

    Attempt

    An offense when a person did some act toward committing a crime that went beyond thinking or talking about it, or would have committed the crime except that the person failed or that someone or something prevented the person from committing it

    BOLO

    An acronym that stands for Be On the Look Out. A BOLO is a description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect

    Bill of Rights

    The first ten amendments to the U.S. Constitution

    Breach of duty

    An unreasonable failure of the defendant to act in the duty he or she was obligated to perform

    Carroll doctrine

    The principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity

    Case law

    The body of law that is formed by the decisions of the court system

    Child abuse

    The intentional infliction of physical or mental injury upon a child

    Child, juvenile, youth

    Any unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of services, or from a family in need of services; or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 years. Section 985.03(6), F.S.

    Circumstantial or indirect evidence

    Evidence that requires an inference or presumption to establish a fact

    Civil law

    The area of law that pertains to the legal action that a person takes to resolve a private dispute with another person

    Civil liability

    Responsibility for a wrongful act or an omission that injures a person or property

    Civil rights violation

    An unlawful interference with the fundamental rights of another person

    Color of law

    When an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation

    Compensatory damages

    Court awards designed to compensate for the actual property damage, harm, or injury the plaintiff suffers

    Consensual encounter

    When an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business

    Consent

    Intelligent, knowing, and voluntary consent that does not induce coerced submission nor failure by the alleged victim to offer physical resistance; a legal defense that claims that the acts in question were committed with the victim's consent and permission

    Conspiracy

    A situation in which the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause a crime to be committed. Section 777.04(3), F.S.

    Constitutional law

    The standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by U.S. District and Supreme Courts; identifies the powers and limitations of each branch of the U.S. government

    Contraband

    Anything that is illegal to possess

    Conveyance

    A motor vehicle, vessel, ship, aircraft, railroad vehicle or car, trailer, aircraft, or sleeping car

    Corpus delicti

    A Latin term meaning the "body of the offense" which describes the principle that the officer must determine whether the elements of a criminal act are present and have probable cause to believe that the person to be charged committed the crime

    Crime

    An act that the law makes punishable

    Criminal law

    The part of statutory law that defines unacceptable behaviors and government prosecution of those who commit them

    Criminal liability

    The liability incurred when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties

    Criminal negligence

    An act that that imposes criminal liability and that occurs when a person did not intend for a behavior to cause the resulting harm

    Culpable negligence

    Consciously doing an act that the person knew or should have known was likely to cause death or great bodily injury

    Curtilage

    The enclosed space of ground and the outbuildings immediately surrounding a structure

    Custody

    The suspect is deprived of freedom in a significant way

    Cyber stalk

    To communicate or cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication to a specific person, causing substantial emotional distress to that person and serving no legitimate purpose

    Deadly force

    Any force that is likely to cause great bodily harm or death under s. 776.06, F.S.

    Defense of property

    A common legal term describing a person's authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes that it is necessary to protect his or her possessions from trespass or theft or to terminate these acts

    Direct evidence

    Evidence which proves a fact without an inference or presumption and which, if true, conclusively establishes that fact

    Direct liability

    A liability which arises in cases in which the officer committed an intentional or negligent tort in violation of the employing agency's orders or policies

    Documentary evidence

    Anything written or printed which is offered to prove or disprove facts pertaining to a case in court

    Domestic violence

    Not a specific crime but actions that include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another

    Due process clause

    A part of the Fourteenth Amendment that expands the restrictions the Bill of Rights places on the federal government to state and local governments and states, "No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws."

    Duress or coercion

    A defense that requires the person committing the act to reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime

    Dwelling

    A building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night

    Elderly person

    A person 60 years of age or older who suffers from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired

    Emergency doctrine

    A defense against liability that allows an officer to react instinctively to sudden peril without being held to the same legal standard of care as he or she would have been had there been time to reflect upon the circumstances

    Entrapment

    When a law enforcement officer uses undue persuasion or fraudulent means to induce a person to commit a crime that he or she would not have otherwise committed; can be used as a legal defense

    Evidence

    Anything presented in a court of law to prove or disprove the existence of a fact

    Excited utterances

    Unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness

    Exclusionary rule

    A rule which states that evidence obtained illegally by law enforcement cannot be used as evidence in court

    Exculpatory evidence

    Evidence that points to the suspect's or defendant's innocence in a trial

    Exigent circumstances

    Certain emergencies, such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrant-less entry

    Family or household member

    Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

    Fellow officer rule

    A rule that involves relying on the collective knowledge of other officers in taking law enforcement action

    Felony

    A criminal offense committed within a state in which the maximum penalty is death or incarceration in a state correctional facility for more than one year

    Forcible felony

    Any of the following offenses defined in Florida Statutes 776.08 - treason; murder; manslaughter; sexual battery; carjacking; homeinvasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use of threat or physical force or violence against any individual

    Forfeiture

    A civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government

    Fresh pursuit

    A legal doctrine that permits a law enforcement officer to arrest a fleeing suspect who crosses jurisdictional lines

    Fruits of a crime

    The objects obtained by the defendant as a result of committing a crime

    General intent

    An offender's intention to voluntarily make the bodily movement which becomes the act to commit a criminal offense

    Harass

    To engage in conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose

    Hearsay

    A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth

    Human trafficking

    Transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person

    Indirect evidence

    Any evidence that requires an inference or presumption to establish a fact

    Insanity

    Any mental disorder so severe that it prevents a person from having legal capacity and excuses that person from criminal or civil responsibility

    Instrumentalities

    The items used by the defendant to commit the crime

    Intent

    When a person purposely does what the law declares to be a crime

    Investigative stop

    A stop that may be made only if an officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation; also known as a Terry stop

    Justifiable use of force

    A person may legally use force to defend against the use of force by another. Chapter 776, F.S.

    Juvenile

    An unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of services, or from a family in need of services; any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18

    Juvenile sexual offender

    A child 12 years of age or younger who is alleged to have committed a violation of sexual battery, prostitution, a lewd and lascivious act, an act of sexual performance by a child, or an act of obscenity, or any violation of law or delinquent act involving juvenile sexual abuse

    Lascivious

    A wicked, lustful, or unchaste, licentious, or sensual intent on the part of the person doing the act and causing offense to one or more persons or substantially intruding upon the rights of others

    Live line up

    The presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non-suggestive manner for the purpose of identification

    Maliciously

    Wrongfully, intentionally, and without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person

    Mental incompetence

    A legal defense which recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense

    Mere suspicion

    A hunch or gut feeling based on law enforcement training and knowledge but is not an acceptable justification for interfering with someone's rights

    Misdemeanor

    Any criminal offense that is punishable by a term of imprisonment in a county correctional facility not in excess of one year

    Mistake or ignorance of fact

    A legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances; not to be confused with diminished mental capacity or insanity

    Negligence

    A failure to use due or reasonable care in a situation that results in harm to another

    No retreat law

    A section of the Florida Statutes that says an individual has "no duty to retreat when faced with imminent harm," "has the right to stand his or her ground," and may "meet force with force, including deadly force when he reasonably believes it is necessary to do so to prevent death or great bodily harm." Section 776.013, F.S.

    Noncriminal violation

    An offense, also known as a civil infraction, for which the only penalty may be a fine, forfeiture, or other civil penalty

    Notice to appear

    A written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. It may only be used under limited circumstances for misdemeanor offenses, municipal or county ordinance violations, and criminal traffic violations.

    Offense

    A criminal or noncriminal act punishable by law

    Omission

    Occurs when an officer neglects to perform what the law or duty requires

    Ordinance

    A statute enacted by a municipal (city) or county government and which applies only within the jurisdiction of the governmental entity which created it, may be criminal or civil

    Personal identification information

    A person's Social Security number, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicare or food assistance account number, bank account number, credit or debit card number, and medical records

    Photographic array

    A presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect

    Physical or real evidence

    Actual objects which may be offered to prove facts about a case in court

    Plain touch feel doctrine

    A rule that during a valid stop and frisk allows an officer to seize an item he or she readily recognizes as contraband even if it does not feel like a weapon

    Pretext stop

    A stop made by an officer on the basis of a traffic infraction when there is not enough information for reasonable suspicion to make the stop but for the purpose of investigating other, more serious criminal activity

    Principal in the first degree

    A defendant who helped another person or persons commit or attempt to commit a crime and must be treated as if he or she had done all the things the other person or persons did

    Probable cause

    A fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances

    Probable cause affidavit

    A sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest; also called an arrest affidavit

    Proof beyond a reasonable doubt

    The standard used to determine if a criminal defendant is guilty and which holds that based on the facts of the case, there is no other reasonable explanation than that the defendant committed the crime

    Prostitution

    The giving or receiving of the body for sexual activity for hire

    Proximate cause

    A link between the breach of duty and the harm caused

    Punitive damages

    Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit

    Qualified immunity

    A defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

    Reasonable suspicion

    The level of justification needed to support a legal Terry stop or investigative detention where an officer can articulate the facts that support a suspicion of a law violation

    Search

    Any government intrusion into a place in which a person has a reasonable expectation of privacy

    Search warrant

    A court order that authorizes law enforcement to conduct a search and seizure

    Seizure

    An act that occurs when the government affects a person's right to have or control his or her property, usually by physically taking that property

    Self defense

    A common legal term that describes the justifiable use of force that is necessary to protect oneself or the defense of others

    Self help repossession

    The process where a creditor may take possession of the collateral after default without a court order, if the repossession can be done without breach of the peace

    Sexual battery

    The oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object

    Show up

    A one-on-one identification of a suspect in the field by a victim or witness orchestrated by a law enforcement officer a short time after the commission of an offense

    Solicitation

    An offense in which a person commands, encourages, hires, or requests another person to engage in specific conduct which would constitute the commission of an offense or an attempt to commit the offense

    Sovereign immunity

    A legal concept derived from the common law idea that the king and his agents can do no wrong, which is applied to governmental agencies and their employees to protect them from personal liability and from being named as defendants in a state civil lawsuit; as a law it includes a list of circumstances and requirements that must be met before the agency or employee can be sued in a state tort action

    Specific intent

    An expectation of a particular result, requiring a heightened mental state of intent to commit the act; proof that the suspect intentionally committed the act with a particular purpose or desire in mind

    Statute of limitations

    The legal principle that bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred

    Statutory law

    The written laws enacted by Congress, state legislatures, or local governing authorities in response to a perceived need

    Structure

    A building of any kind, either temporary or permanent, which has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure

    Suspect

    A person believed to have committed a crime or offense

    Testimonial evidence

    Witness statements presented in court tending to prove or disprove facts about the case

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