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KLETC
Exam 2
98
Law
Graduate
10/05/2009

Additional Law Flashcards

 


 

Cards

Term
Enforces the laws and regulations relating to alcohol, tobacco products, firearms, explosives, and arson.
Definition
ATF
Term
Advises county attorneys. Issues legal opinions.
Definition
Attorney Generals Office
Term
Conducts investigations and often assists law enforcement agencies when requested. Serves as the repository for criminal records and maintains forensic laboratories that analyze crime scene evidence. Acts under the jurisdictional of Attorney General.
Definition
KBI
Term
Takes charge of a dead body, make inquiries regarding the cause of death and reduce the findings to report in writing.
Definition
Chief Medical Examiner
Term
Detains criminal offenders
Definition
Department of Corrections
Term
Conserves and enhances Kansas' wildlife and habitats
Definition
KDWP
Term
Prosecutes violations of the laws of the state of Kansas.
Definition
District Attorneys Office
Term
Enforces controlled substance laws in the United States.
Definition
DEA
Term
Investigates violations of federal criminal law and protects the United States from foreign intelligence and terrorists attacks
Definition
FBI
Term
Enforces the laws of foregin born persons to the untied states.
Definition
Immigration and Naturalization services
Term
Provides security for military bases during peacetime and enforces the Uniform code of Military justice to military personnel.
Definition
Military police
Term
Investigates postal offenses and civil matters relating to the postal service
Definition
Postal service investigators
Term
Contracts to protect person or property
Definition
Private police
Term
Protects the president
Definition
Secret Service
Term
Prosecutes criminal cases brought by the federal government
Definition
U.S. Attorneys office
Term
Provides protection for the federal judiciary, transports federal prisoners, protects endangered federal witnesses and manages assets seized from criminal enterprises.
Definition
U.S. Marshals
Term
What are the major components of the criminal justice system?
Definition
Law enforcement, corrections, and the judicial system
Term
What are the conflicts between the various components of the criminal justice system?
Definition
Jurisdiction issues
-Political in Fighting
Term
What are the major goals of the criminal justice system?
Definition
A.) Guaranteeing Due Process
B.) Crime Prevention.
C.) Protection of Life and Property.
D.) Apprehension of the Offender.
E.) Enforcement of the Law.
F.) Equal Justice .
G.) Secure Confinement and Rehabilitation of Offenders.
Term
What are the sources of law which Kansas LEO’s obtain the power and authority?
Definition
statutes, ordinances, court decisions, the constitution
Term
What is the jurisdiction of sheriffs and their deputies?
Definition
1.)any where in their county
2.)anywhere outside the county when requested by another agency
3.)anywhere when in fresh/hot pursuit
Term
What is jurisdiction of city law enforcement officers?
Definition
1.)anywhere within their city limits
2.)outside the city limits property owned or controlled by the city
3.)outside the city limits when requested by another agency
4.)anywhere when in fresh/hot pursuit
Term
What is jurisdiction of university police officers?
Definition
1.)on property owned or operated by the Univeristy, and endowment association, and athletic association, a fraternity, sorority, or other student group associated with the Univeristy.
2.)On the streets, property and highways immediately adjacent to the campus of the U.
3.)With in the city where such property as described in this subsection is located as necessary to protect the health, safety, and welfare of students and facility, by agreement with local law enforcement
4.)When they believe a crime has been committed on the property
5.)KU Officers may provide emergency transport of medical supplies and organs
Term
What is the jurisdiction of the Kansas Highway Patrol?
Definition
anywhere in the state of Kansas
Term
What is jurisdiction of the Kansas Bureau of Investigation?
Definition
anywhere in the state of Kansas
Term
What is the jurisdiction of Wildlife and Parks Officers?
Definition
enforce all wildlife and parks laws, and other laws of the state anywhere in the state of Kansas
-they also serve process relating to wildlife and parks cases and those cases where crimes were committed on parks land
Term
The role of the prosecutor as a court officer and the relationship between the prosecutor and law enforcement?
Definition
-Decides whether or not charges are Filed
-Elected or Appointed public official licensed to practice law
-Represents the state in criminal cases, introduces evidence, argues in favor of conviction, presents the states case.
Prosecutors may advise LEO’s but they do not act as attorneys for the officers
Term
Define the term “arraignment” and its relationship to the processing of criminal defendants.
Definition
the formal act of calling the defendant before the courts
-to inform the defendant of the crime he is charged withat which time the defendant is asked to enter a plea
Term
What are the divisions of the Kansas Court System, their functions, and methods for appeal?
Definition
-Municipal Court- *Decides matters in City court, *Decisions are Appealed to the Apellate court, then to Kansas Supreme court
Term
Define the function of an indictment for information.
Definition
-the indictment is when a grand jury is used to make the decision about moving a case forward. In Kansas most of the time there is no Grand Jury.
-In Kansas most of the time the decision to move a case forward is made during the Preliminary Hearing by a district court judge. He bases his decision off PC of Guilt
Term
Define the role of plea bargaining in the criminal process.
Definition
-allows prosecution and defense attorneys to predict sentences
-Speeds up courts cases
-Frees up the court system
-disposes of great bulk of criminal cases
Term
Identify the progression of the trial process.
Definition
1.First Appearance
2.Preliminary Hearing
3.Arraignment
4.Trial
5.Corrections
6.Appeals
Term
What are thesections of the Kansas Criminal Code that are most important to performance of a LEO’s job.
Definition
-Section 21- gives the statues and laws
-Section 22- sets forth the procedural aspects of the law
-Section 8- sets forth many traffic offences
-Section 65- sets forth the drug offences
Term
What are the elements of Criminal discharge of firearm?
Definition
Discharge of a firearm on land or water without the permission of the owner or possessor.
OR
Discharge of a firearm
From the right of way of a public road or railroad onto private land without permission of the owner or possessor.
Term
What are the elements of Criminal Discharge of a firearm into an occupied/ unoccupied building?
Definition
Maliciously or intentionally
Without authorization
Discharged a firearm at an unoccupied dwelling OR into an occupied, building, dwelling, structure motor vehicle, aircraft, water craft, train, locomotive, railroad car, caboose, rail mounted work equipment, or rolling stock.
(Does not require victim to know or be in fear.)
Term
What are the elements of theft?
Definition
Felony if value if over $1000 or (Misdemeanor if less.)
Suspect does not own property taken.
Obtained property by taking, deception, threat, or by receiving items known to have been stolen by someone.
With the intent to PERMANENTLY deprive owner of the use of the property.
Term
What are the elements of Criminal Depravation of Property?
Definition
Obtaining or taking property without authorization with intent to TEMPORARILY deprive the owner of the property. Can also include Real Estate
Term
What are the elements of Giving A Worthless Check?
Definition
knowingly making or drawing a check on any bank without money to cover.
Term
What are the elements of Forgery?
Definition
-knowing with intent to defraud
-making, altering, or endorsing any written instrument
In such a manner that makes it look like the work of another person real or fictitious.
In such a manner that it looks to have been made at a different time
-issuing the item knowing it to not be real
-possessing with intent to issue the item knowing it is not real
Term
What are the elements of Burglary?
Definition
knowingly and with out authorization
-entering or remaining in a structure or gaining entry through deception
-with the intent to commit a felony, theft, or sexual battery
-When no person is present in the house
THERE IS NO BREAKING REQUIREMENT IN KS.
Term
What are the elements of aggravated burglary?
Definition
-knowingly and with out authorization
-entering or remaining in a structure or gaining entry through deception
-with the intent to commit a felony, theft or sexual assault
-when there is a person in the structure even if the suspect does not know the person is there.
If a person comes home and the burglar is there it is
aggravated.
Term
What are the elements of Arson?
Definition
Intentionally damaging a building or property by means of fire or explosion
-without the consent of the owner
OR
-Intentionally damaging building or property with the intent to defraud an insurer or lien holder
OR
-Accidentally damaging a building or property During the manufacture of a controlled substance.
-Value of property irrelevant & there are no people present
Term
What are the elements of Aggravated Arson?
Definition
Arson. With someone on the property.
Term
What are the elements of Criminal Damage to Property?
Definition
Intentionally damaging property suspect does not own
OR
-With the intent to defraud a lien holder or insurer.
-No fire or explosion is used.
Term
What are the elements of Criminal Trespass?
Definition
-entering or remaining on property
-suspect knows he is not supposed to be there
-entering onto property in direct defiance of an order not to
-entering onto property that is locks, shut, posted or fenced
-blocking the entrance to a health care facility on private or public land.
-entering onto property when there is a restraining order
Term
What are the elements of Obstructing legal process or duty?
Definition
Knowingly and intentionally obstructing, resisting, opposing
-any person authorized to serve papers or writ, warrant, ect
-while in the official duty
Term
What are the elements of Aiding a felon or a person charged with a felony?
Definition
KNOWINGLY hiding a felon from prosecution.
Term
What are the elements of Criminal Use of a Weapon?Felony
Definition
-Knowing selling, making, buying, or carrying
-shotgun with less than 18 inch barrel,
-an automatic firearm
-any cartridge with can be fired in a handgun and has a plastic coated bullet, that has a core less and 60% lead by wt.
OR
-possess a device or attachment used to suppress the report of a firearm
Term
What are the elements of Criminal Use of a weapon.
Misdemeanor
Definition
-the suspect knowingly sold, bought, made, carried
-a bludgeon, sandclub, metal knuckles, throwing star, switchblade OR
-the suspect knowingly carried concealed on his person, possessed with intention to use on an another person, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight edged razor, stiletto, any dangerous or deadly weapon OR
-the suspect knowingly carried on his person, or in a vehicle, a tear gas bomb, smoke bomb, projector containing noxious substance, with the intent to use it unlawfully
-knowingly carried a firearm concealed on his person on another persons land.
-knowingly set a spring gun
-knowing had a Molotov cocktail, or pipe bomb ect.
Term
What is the importance of the 4th amendment for statement admissibility?
Definition
If the 4th is violated this can result in the confession, admission, or statement being inadmissible.
Term
What is the importance of the 5th amendment for statement admissibility?
Definition
Says nobody can be forced to testify against themselves.
Term
What is the importance of the 6th amendment for statement admissibility?
Definition
Right to council
Term
What is the importance of the 14th Amendment for statement admissibility?
Definition
no state shall make or enforce laws that abridge the rights of citizens of the United States, nor shall any state deprive people of life liberty or property without due process
Term
Define custody.
Definition
deprived of freedom of movement in any significant way.
Term
What are the requirements for a valid waiver of Miranda Rights?
Definition
Waivers must be “knowing, intelligent and voluntary.”
A waiver must show that the suspect understood his rights.
Term
Define “voluntary” as related to admissions and confessions.
Definition
A free and deliberate choice that was not the product of intimidation, coercion, or deception.
Term
What are the circumstances where person must be advised of their constitutional rights i.e. Miranda?
Definition
only before custodial interrogation
Term
What are the circumstances where a parent must be notified for juvenile interrogation?
Definition
less than 14 years of age a waiver must be obtained from both the juvenile, and one of the following people, parents, guardian, or attorney
Term
What are the elements of proper questioning / interrogation of suspects while protecting their constitutional rights?
Definition
Suspect must be made aware of his miranda rights.
Term
What is the criminal and civil liability for violating the individual’s rights against self-incrimination and the right to counsel?
Definition
may result in dismissal and loss of case, civil liability for the officer, administrator, and agency, and there is also a chance that the federal government will file criminal charges
Term
What are the constitutional rights conveyed in the Miranda warning?
Definition
Suspect has:
1. The right to remain silent
2. That anything he says can and will be used against him in a court of law.
3. The suspect has the right to the presence of an attorney before and during questioning.
4. That should the suspect be unable to afford an attorney, one will be appointed for him before any questioning
Term
What are the state statutes for Robbery and Agg. Robbery?
Definition
K.S.A. 21-3426 Robbery

K.S.A. 21-3427 Aggravated Robbery
Term
How do you prepare for a robbery?
Definition
-Know the area
-Known criminals in area
-escape routes
-Know layouts of buildings in response area
Term
What are the different types of Robbery?
Definition
-Commercial
-Residential
-Bank
-Highway
Term
What are the best ways to search for a robbery suspect?
Definition
-Sit down on an escape route if possible
-Coordinate with other units to seal off escape routes
-Be alert to unusual activity
Term

Robbery

What are the procedures for taking control of the scene, interviews of victims and collection of evidence?

Definition
-On arrival, park vehicle out of sight, if possible -Wait for back up -Obtaining accurate description -Protecting the scene -Walk through with victim -Separate witness -Interviewing witness -Processing and collecting evidence -Video Tape -Neighborhood
Term
What are the procedures for taking a suspect back to the scene for Identification?
Definition
-Show line up
-Bring victim to observe arrested subject
-Taking suspect back to scene
-Separate witnesses
-No suggestive remarks to victim or witnesses
-Not the best line-up for prosecution purpose
Term
What are some tactics used by robbers to aid in committing the crime and facilitating the escape?
Definition
-Change of clothing
-Changes vehicles
-Getaway driver
-Parks away from robbery location
-Has lookout inside the business
-Times the robbery
-Cases the business prior to robbery
-Robs at shift change
-Creates diversion at time of robbery
Term
Why are field notes important?
Definition
They are the permanent record for a case. They must be written so the officer can retain the knowledge for court.
Term
What are 3 physical characteristics for field notes?
Definition
Size, Spiral bound, and always use ink.
Term
What are some consequences for unlawful use of force?
Definition
Civil liability
Criminal charges
Evidence thrown out under exclusionary rule.
Lose you job
Term
What are the various torts under which an officer who uses unlawful force could be held civilly liable?
Definition
-Simple Negligence
-Intentional Infliction of Emotional Distress
-Endangerment of third parties
-Assault
-Battery
-False Imprisonment
Term
What are the criminal offenses that an officer could be charged with if using unlawful use of force.
Definition
-False Imprisonment
-Assault
-Battery
-Aggravated Battery
-Homicide
Term
What are some types of non-deadly force?
Definition
fists, feet, impact weapons, chemical weapons, restraint devices, and dogs
Term
What is deadly force?
Definition
Force that is reasonably calculated to cause severe injury or death.
Term
What are some situations were an LEO may be called upon to use force while on the job?
Definition
-Effect an arrest
-Prevent an escape
-Self-defense
-Protect a citizen
Term
What are the rules for using deadly force to effect an arrest?
Definition
necessary to prevent the arrest, or escape. AND is believed to have committed a felony involving great bodily harm, OR attempting to escape with a deadly weapon, Or he will endanger human life or inflict great bodily harm unless arrested with out delay
Term
What is the amendment that governs use of force?
Definition
4th Amendment
Term
What are the 3 things a suspect needs for an officer to lawfully use deadly force?
Definition
Ability, Opportunity, and Jeopardy
Term
How are all the weapons a LEO has used?
Definition
Defensive
Term
What are the reasons to justify use of force?
Definition
Effect arrest, Protect a citizen, prevent escape, and self-defense
Term
Define Bodily injury.
Definition
any touching of the victim against the victims will. With physical force in an intentional hostile manner.
Term
Define Bodily injury.
Definition
any touching of the victim against the victims will. With physical force in an intentional hostile manner.
Term
What are the 3 factors that must be present prior to any lawful use of force?
Definition
Capability, Opportunity, and Jeopardy
Term
What does timing have to do with using force?
Definition
Only act on immediate threat. Not on future threat.
Term
What are the levels of resistance?
Definition
Compliance, Psychological intimidation, Passive resistance, Defensive Resistance, Active Aggression, and Aggravated Active Aggression
Term
What are the levels of control?
Definition
Officer Presence, Verbal Direction, Soft Empty hand control, OC or Taser, Soft Intermediate weapons, Hard empty hand control, Impact weapons, Deadly force
Term
What are the steps in controlled escalation?
Definition
Enter at the appropriate force, establish verbal control, display weapon, identify weapon, verbalize consequences of non-compliance, use force, and follow-up-control
Term
What is a report?
Definition
A permanent written record that communicates facts
Term
What are the 2 different kinds of reports?
Definition
Administrative and Operational
Term
What are 3 characteristics essential to good police narrative report writing?
Definition
Specifics, Clarity, and Concise
Term
What are the questions that need to be answered in a complete police narrative report?
Definition
who, what, when, where, and why----HOW
Term
What is the loop of how reports are interpretative?
Definition
Sender~Message~Reciever~Feedback
Term
What are the procedures to be used when approaching the scene of a structure that needs to be searched?
Definition
Be Quiet, Exterior search, and Communicate with dispatch
Term
What is the definition of prejudice?
Definition
A preconceived idea or preference. A judgement made beforehand without full knowledge of the facts.
Term
What are the positives and negatives of stereotyping?
Definition
Never 100% correct. Shorthand approach.
Term
What is a hate crime?
Definition
a crime committed against somebody that the motivation is race, religion, gender, etc..
Term
What are the proper procedures for investigating a hate/bias crime.
Definition
Make them feel secure, let them know that you are sorry the incident happened, don't try to diminish the impact of the incident in any way. Protect the anonymity of the victim.
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