Term
| What is the US Constitution and when did it become effective? |
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Definition
| The U.S. Constitution as well as the California Constitution identifies the powers and duties of the government and the rights that are afforded in our country or state. became effective in 1789 upon ratification by nine of the thirteen states (all remaining states ratified it by May 1790). |
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Term
| The branches of government include the |
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Definition
- executive branch,
• legislative branch, and
• judicial branch |
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Term
| What is the Bill Of Rights? |
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Definition
| The Bill of Rights is the first 10 Amendments to the constitution. |
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Term
| When were the "Bill Of Rights" ratified? |
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Definition
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Term
| The criminal justice system gives law enforcement two extraordinary powers? |
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Definition
1. the power of arrest and
2. the power to use deadly force |
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Term
| basic rights and freedoms protected by the U.S. Constitution and its amendments apply to? |
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Definition
| All individuals in the United States regardless of citizenship? |
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Term
| Which six amendments firectly impact a Peace officers Actions and Conduct? |
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Definition
| The First, Fourth, Fifth, Sixth, Eighth, Fourteenth. |
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Term
| Rights and Freedoms of the "First Amendment"? |
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Definition
• Freedom of religion
• Freedom of speech
• Freedom of the press
• Freedom of assembly
• Right to petition the government for a redress of grievances |
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Term
| Fourth Amendment? Rights and freedoms. |
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Definition
| • Freedom from unreasonable searches and seizures |
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Term
| Fifth Amendment? Rights and Freedoms. |
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Definition
• Freedom from being tried twice for the same crime
• Freedom from self-incrimination |
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Term
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Definition
• Right to be told of charges when arrested
• Right to a speedy trial
• Right to a public trial by an impartial jury
• Right to confront witnesses
• Right to counsel |
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Term
| Eighth Amendment? Rights and Freedoms. |
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Definition
• Freedom from excessive bail
• Freedom from cruel and unusual punishments |
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Term
| Fourteenth Amendment? Rights and freedoms? |
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Definition
• Basic right of a defendant in a judicial proceeding
• The requisites for trial (due process)
• Right to equal protection of the laws. |
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Term
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Definition
| A course of legal proceedings according to the rules and principles which have been established by the government; basic rights of a defendant in judicial proceedings and the requisites for a fair trial. |
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Term
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Definition
| A body of a set number of citizens from within the county who are sworn to receive complaints and accusation in criminal cases; responsible for determining if there is sufficient cause to believe a person has committed a crime and should be made to stand trial. |
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Term
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Definition
| An accusation in writing formally charging a person with a crime or public offense. |
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Term
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Definition
| An officer of the court having power to issue a warrant for the arrest of a person charged with a public offense. |
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Term
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Definition
| A conditional release from confinement which allows an individual to serve the remainder of a sentence outside of prison. |
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Term
| What is a preliminary Hearing? |
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Definition
| A screening procedure used in felony cases to determine if there is enough evidence to hold a defendant for trial |
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Term
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Definition
| A sentencing option for an individual convicted of a criminal offense. Usually at the county level. |
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Term
| What is the Right To Bail? |
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Definition
| A defendant’s constitutional right to reasonable bail to permit the unhampered preparation of a defense before trial |
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Term
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Definition
| A judgement that is formally pronounced by the court upon a defendant after conviction in a criminal trial. |
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Term
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Definition
| A formal judicial examination and determination of issues (law or fact) between parties. |
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Term
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Definition
| Referred to as the lower courts; receive evidence and consider cases involving criminal activity or civil disputes |
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Term
| What is the Criminal Justice System? |
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Definition
| The criminal justice system is a complex structure through which individuals suspected of a crime are apprehended by a law enforcement component, accused and tried by a judicial component, and if convicted, punished by a corrections component |
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Term
| The criminal justice system is made up of what three components? |
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Definition
• law enforcement,
• judicial, and
• corrections. |
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Term
| What are the Goals Of the Criminal Justice System? |
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Definition
| Guarantee due process, Prevent crime, Protect life and property, Uphold and enforce the law, Dispense equal justice, Apprehend offenders, Assure victim’s rights. |
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Term
| What are the Federal Agencies? |
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Definition
U. S. Department of Homeland Security
Federal Bureau of Investigation (FBI)
Drug Enforcement Administration (DEA)
U. S. Marshal Service
Immigration and Naturalization Service (INS)
Alcohol, Tobacco, and Firearms Division (ATF)
Secret Service (SS)
U.S. Postal Inspectors (USPS)
Armed Forces Police |
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Term
| What are the State Agencies? |
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Definition
Youth and Adult Correctional Agency
California Highway Patrol (CHP)
Department of Alcoholic Beverage Control (ABC)
Department of Fish and Game (F&G)
Department of Forestry and Fire Protection (DOF)
Department of Justice (DOJ)
Department of Insurance (DOI)
Department of Motor Vehicles (DMV)
Department of Parks and Recreation (DPR)
Franchise Tax Board (FTB)
Office of State Fire Marshal (SFM)
University/College Police Departments
Department of Health Services (CDHS) |
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Term
| What are the Local Agencies? |
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Definition
Airport Police
County Marshals
Housing Police
Municipal Police
School District Police
Sheriffs’ Departments
Transportation Police
Port Authority Police |
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Term
| The objectives of the judicial component of the criminal justice system include? |
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Definition
• providing due process of the law,
• rendering fair judgments,
• dispensing just punishment, and
• assuring victim’s rights |
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Term
| What are the two levels of courts in CA? |
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Definition
Lower = Trial Courts
Higher = Appellate Courts |
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Term
| What is the primary function of the Trial Courts? |
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Definition
| Receive evidence and consider cases involving criminal activity or civil disputes. |
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Term
| What is the Primary function of the appellate Courts |
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Definition
Referred to as the higher courts of the judicial system.
• Hear appeals from lower trial courts |
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Term
| What are the primary positions within the California Judicial System? |
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Definition
| Judges, Prosecuting Attorneys, Defense Attorneys. |
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Term
| What are the responsibilities of Judges? |
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Definition
| Administering justice in a fair and impartial manner by applying the facts of the law |
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Term
| What are the responsibilities of Prosecuting Attorneys? |
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Definition
• Prosecuting individuals accused of criminal activities.
• Protecting public rights and privileges. |
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Term
| What are the responsibilities of Defense Attorneys? |
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Definition
• Defending the accused.
• Defending the rights and privileges of citizens. |
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Term
| What is the Judicial Process? Or "Due Process? |
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Definition
| Arrest, Arraignment, Right to Bail, Bail, Preliminary Hearing, Indictment, Trial, Sentencing, Grand Jury. |
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Term
| What is the Description of Bail? |
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Definition
• Right to Bail - A defendant’s constitutional right to reasonable bail.
- to permit the unhampered preparation of a defense before trial.
• A security deposited with a competent court or magistrate
- to ensure that the accused person will appear for trial when summoned. |
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Term
| What is the description of an Arrest? |
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Definition
Taking a person into custody
• in a case, and
• in the manner authorized by law. |
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Term
| Description of Arraignment? |
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Definition
The legal procedure where the court informs defendants of
• the nature of the charges against them,
• their eligibility for bail, and
• their constitutional rights to
- counsel at all stages of the judicial process,
- plead guilty or not guilty to the charges, and
- a trial by court or by a jury. |
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Term
| Description of right to bail? |
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Definition
A defendant’s constitutional right to
• reasonable bail
- to permit the unhampered preparation of a defense before trial. |
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Term
| Description of A Preliminary Hearing? |
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Definition
A screening procedure used in felony cases to determine
• if there is enough evidence
- to hold a defendant for trial. |
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Term
| Description of an Indictment? |
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Definition
• An indictment is an accusation in writing formally charging a person with a crime or public offense.
• Many states, including California, also use the grand jury indictment process to bring serious felony criminal cases to trial.
• A grand jury indictment is filed with the superior court by the district attorney. The court then issues a warrant and the offender is arrested. The defendant is then held for arraignment in superior court. |
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Term
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Definition
• A formal, judicial examination and determination
• of issues (law or fact) between parties. |
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Term
| Description of Sentencing? |
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Definition
A judgment that is formally pronounced by the court
• upon the defendant
- after conviction
- in a criminal prosecution. |
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Term
| Description of Grand Jury? |
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Definition
A body of a set number of citizens from within a county
• sworn to receive
- complaints and
- accusations in criminal cases.
• responsible for determining if there is sufficient cause to believe that an individual
- has committed a crime and -
should be made to stand trial. |
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Term
| The objectives of the corrections component of the criminal justice system include? |
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Definition
• confining prisoners,
• rehabilitating prisoners,
• supervising parolees and probationers in the community, and
• assuring victim’s rights. |
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Term
| The CDCR is Responsible for? |
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Definition
| the incarceration of convicted adults (generally 18 years or older) |
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Term
| What is the Board of Prison Terms Responsible For? |
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Definition
| The Board of Prison Terms (BOPT) is responsible for the administration of parole conditions of prisoners (18 years or older) released from CDC institutions |
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Term
| What is the Youthful Offender Parole Board Responsible For? |
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Definition
| responsible for the administration of parole conditions of wards (13 years to 25 years of age) released from the custody of CDCR - Juvenile Division |
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Term
| California Department Of Corrections Responsibility? |
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Definition
• operates the State’s adult prison system
• confines felons who have been sentenced to state prison. |
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Term
| California Board Of Prison Terms Responsibility? |
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Definition
| Supervises inmates who have been released on parole from the CDCR. |
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Term
| California Department of Corrections and Rehabilitation – Juvenile Division? |
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Definition
• operates the State’s youthful offender detention system
• confines offenders (wards) between the ages of 13 and 25 |
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Term
| Youthful Offender Parole Board (YOPB) |
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Definition
| supervises wards who have been released on parole from CDCR – Juvenile Division |
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Term
| Local Government Agencies |
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Definition
• oversees the operation of detention facilities that confine people
- awaiting trial
- sentenced to less than one year |
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Term
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Definition
| a conditional release from a state prison which allows an individual to serve the remainder of a sentence. |
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Term
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Definition
| the suspension of the imposition or execution of a sentence and the order (by the court) of conditional and revocable release in(to) the community. Penal Code Section 1203) |
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Term
| Parole Is imposed or granted by? |
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Definition
administrative board at a parole hearing
• dependent upon:
- statutory requirements,
- the type of sentence being served, and
- institutional recommendations |
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Term
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Definition
| imposed at the court’s discretion in the county where the offense occurred. |
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Term
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Definition
• parole agent
• administrative board review |
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Term
| Probation is revocable by? |
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Definition
• probation officer recommendation
• court enactment |
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Term
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Definition
• comply with all instructions of their parole officers.
• not travel more than 50 miles from their residence without prior approval from their parole officers.
• not be absent from their county of residence for more than 48 hours or leave the State of California without prior written approval from their parole officers.
• inform their parole officers within 72 hours of any change of employment, employment location, or termination of employment. |
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Term
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Definition
• comply with all instructions of and maintain contact with their probation officer.
• not use alcohol or other intoxicants.
• not associate with certain specified individuals.
• not possess firearms or other weapons. |
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Term
| Probationers may be required to? |
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Definition
serve time in jail as an alternative to prison,
• pay a fine,
• make restitution,
• secure a bond,
• participate on work projects,
• submit to drug testing, or
• submit to warrantless searches at any time without reasonable suspicion of criminal activity on the part of the probationer. |
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Term
| Can officers arrest a person for violation of summary probation? |
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Definition
| NO! Generally, officers cannot arrest a person for violation of summary probation. Officers must submit a report to the court notifying the court of the violation of the terms of the subject’s summary probation. |
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