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UHD BPOC Exam 8
Study Guide
93
Criminal Justice
Intermediate
03/14/2018

Additional Criminal Justice Flashcards

 


 

Cards

Term
Civil Law definition
Definition
Personal and property rights of an individual. Any action other than criminal.
Term
Highest appellate court in Texas
Definition
Court of Criminal Appeals(criminal cases)
Texas Supreme Court (civil cases)
Term
Habeas Corpus definition
Definition
a writ requiring a person under arrest to be brought before a judge especially to secure the person's release unless lawful grounds are shown for their detention.
Term
Court of original jurisdiction for all misdemeanors involving official
misconduct
Definition
District Courts and Criminal District Courts
Term
What is the Texas Criminal Justice System comprised of?
Definition
Police, Courts, Corrections System
Term
what is the purpose of criminal law
Definition
Preventing harm to society (by declaring what conduct is criminal/prescribing punishment).
Term
Where do appeals from justice court go?
Definition
County Court
Term
Where do appeals from the County Court go?
Definition
Court of Appeals
Term
what is a tort?
Definition
Civil action, which a person can sue for a legally recognized, private injuries or wrong.
Term
Which amendment does Duran V City of Douglas, AZ pertain to?
Definition
1st Amendment
Term
Which amendment is the “state’s right amendment?”
Definition
10th Amendment
Term
Which amendment guarantees the right to a speedy and fair trial
Definition
6th Amendment
Term
Which amendment prohibits excessive fines or bails?
Definition
8th Amendment
Term
Which amendment prohibits cruel and unusual punishments?
Definition
8th Amendment
Term
Which amendment prohibits unreasonable searches and seizures?
Definition
4th Amendment
Term
Which amendment made the Bill of Rights applicable to all states?
Definition
14th Amendment
Term
Which amendment prohibits double jeopardy?
Definition
5th Amendment
Term
Wellness definition
Definition
A person’s health/disease status and risk potential, ranging from death to optimum well-being.
Term
principles of an exercise program
Definition
Progressive overload, Regularity and recovery, Specificity, Balance, Safety
Term
What does FITT stand for
Definition
Frequency, Intensity, Time and Type
Term
Article 2.13- Duties and Powers, what are the duties of a peace officer
Definition
-Preserve the peace within their jurisdiction.
-Interfere without warrant (when authorized) to prevent/suppress crime.
-Execute all lawful process issued by magistrate/court.
-Give notice to magistrate all offenses committed within their jurisdiction
Term
Article 2.27- Investigation of Certain Reports Alleging Abuse, what is required of a peace officer concerning if allegations of imminent death or serious harm to a juvenile is
made
Definition
Shall investigate jointly with the department/agency responsible for conducting investigation
Term
Article 4.01- which courts have criminal jurisdiction
Definition
The Court of Criminal Appeals/Courts of appeals/The district courts/The criminal district courts/The magistrates appointed by the judges of the district courts of particular County/The county courts/All county courts at law with criminal/ jurisdiction/County criminal courts/Justice courts/Municipal courts
Term
Article 59.03- when can a peace officer seize property without a warrant
Definition
-Owner/operator/agent knowingly consents.
-Incident to a consented search by owner/operator/agent in charge.
-Incident to a lawful arrest/search/ search to incident to arrest.
Term
Article 4.01- which court has original jurisdiction of all misdemeanor of which exclusive
jurisdiction is not given to the justice court
Definition
County Courts
Term
Article 4.14- Municipal court has exclusive jurisdiction to what type of criminal cases
Updated 11/13/2017
Definition
$2000 fire safety/zoning/public health/ sanitation.
$4000 dumping of refuse.
$500 for other.
Term
Article 5.04- Duties of peace officers as they relate to family violence
Definition
-Protect potential victims & advise victims’ legal rights/service availability.
-Enforce state laws & protective orders.
-Arrest violators.
Term
Article 5.045- Standby liability Assistance, can an officer be held liable for wrongful
appropriation of property
Definition
No,officer will not be civilly or criminally liable.
Term
Types of abuse in family violence
Definition
Physical, Sexual, Emotional
Term
Real reason for violence and abuse in family violence
Definition
The need to have power and control over others.
Term
Family definition
Definition
Individuals related by consanguinity or affinity, former spouses, parents of a child without marriage.
Foster child and foster parent without regards to whether individuals reside together
Term
Dating relationship definition
Definition
Relationship between individuals, who have or have had continuing relationship of romantic or intimate nature based on:
Lengthy of relationship
nature relationship; and
frequency and type of interaction between the persons involved in relationship.
Term
what is the purpose of the penal code
Definition
Establish a system or prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individuals or public interests.
Term
Act definition
Definition
A bodily movement, whether voluntary or involuntary, and includes speech.
Term
person whose criminal responsibility is in issue in a criminal action
Definition
The actor.
Term
Bodily injury definition
Definition
Physical pain, illness or any impairment of physical condition.
Term
Benefit definition
Definition
Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
Term
Conduct definition
Definition
An act/omission and its accompanying mental state.
Term
felony definition
Definition
An offense so designated by law or punishable by death or confinement in a penitentiary.
Term
Possession definition
Definition
Actual care, custody, control, or management.
Term
Serious bodily injury definition
Definition
Creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Term
Burden of proof in a criminal case in Texas
Definition
Innocent until proven guilty with Proof Beyond a Reasonable Doubt.
Term
Misdemeanor definition
Definition
An offense so designated by law or punishable by fine, confinement in jail, or both.
Term
Omission definition
Definition
Failure to act.
Term
Unlawful definition
Definition
Criminal/tortious or both. Includes what would be criminal/tortious but for a defense not amounting to justification or privilege
Term
what does criminal episode mean
Definition
Commission of two or more offenses during the pursuant of the offense.
Term
Consent definition
Definition
Assent in face, whether express or apparent
Term
Coercion definition
Definition
A threat, however communicated.
Term
A person commits an act only if they engage in it how?
Definition
Voluntarily engages in conduct, including an act/omission/possession.
Term
how is a person held criminally responsible for a case
Definition
-With culpability required for the offense, causes/aids an innocent or non-responsible person to engage in conduct.
-Intent to promote or assist
-Legal duty to prevent commission of the offense but fail to do so
-Attempt to carry out a conspiracy to commit one felony, but another felony is committed by one the of the conspirators.
Term
Highest level of culpability
Definition
Intentional.
Term
Criminal negligence definition
Definition
Ought to be aware of a substantial and unjustifiable risk.
Term
Reckless definition
Definition
Is aware of but consciously disregards a substantial and unjustifiable risk.
Term
Knowing definition
Definition
Acts knowingly/is aware that his conduct is reasonably certain to cause the result.
Term
Intentional definition
Definition
Acts intentionally/conscious objective or desire to engage in the conduct or cause the result.
Term
Intoxication definition
Definition
Disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Term
When does a consensual encounter occur
Definition
Brief conversation between the civilian and officer. During the contact the civilian is free to leave and not obligated to answer any questions.
Term
A frisk is used to detect what according to Terry v Ohio
Definition
A weapon.
Term
Restraint definition
Definition
One person exercises control over another not to confine him within certain limits, but to subjects him to general authority and power of the person claiming such a right.
Term
Whose responsibility is to prevent the consequences of theft
Definition
Anyone.
Term
Which case established the “exclusionary rule”
Definition
Mapp V. Ohio, cannot use evidence obtain from illegal searches or seizures.
Term
Which case established “the fruit of the poisonous tree”
Definition
Wong Sun v. United States.
Term
Article 15.22- arrested definition and examples
Definition
A person is arrested when he has been actually placed under restraints or taken into custody by an officer/person arresting with/without a warrant.
Term
What can a peace officer do with mere suspicion
Definition
Initiate a consensual encounter.
computer check license plate.
surveillance/observing for additional facts and circumstances.
Term
Suspicion definition
Definition
The act of imagining or of doubt or apprehension of something without proof, or on sight evidence
Term
What does a vehicle approached by an emergency vehicle required to do
Definition
Yield the right of way
Immediately drive to position parallel and as close as possible to the right hand edge/curb of the roadway clear of any intersection
Stop and remain standing until emergency vehicle has passed.
Term
Peace officer definition
Definition
An officer authorized to direct traffic or arrest persons who, violate traffic regulations.
Term
What does permissible conduct allow
Definition
Operator of an emergency vehicle may:
drive pass stop signs/red lights in whatever direction, after slowing for safe operation park wherever/whenever.
Exceed speed limit as long it does not endanger life/property.
Term
Child passenger safety seat requirements
Definition
Younger than age of 8 unless the child is 4ft 9in
Term
When may a driver leave a vehicle running and unattended
Definition
Engine stopped/ignition locked/key removed from ignition/parking brake set effectively. does not apply to remote start vehicles.
Term
What traffic control device does not require a driver to yield
Definition
A flashing yellow light
Term
How close can you park to a fire hydrant
Definition
Within 15ft
Term
What can a licensed driver under the age of 18 do
Definition
May not use wireless communication device, unless in emergency
drive after midnight and before 5am; unless work/school/medical related activities
with no more than 1 passenger under the age of 21 years, who is not family.
Term
When is the threat of force justified
Definition
Justified when the use of force is justified by Chapter 9.
Term
Force definition
Definition
Power dynamically considered, that is in motion or in action; constraining power, compulsion, strength directed to an end.
Term
Self defense definition and examples
Definition
Actor reasonably believes the force is immediately necessary to protect him/herself against another person's use/attempted use of unlawful force (to enter to remove actor from habitation/vehicle/places of employment; to commit sexual assault/Agg. sex. assault/Robbery/Agg. Robbery/Murder)
Term
Use of force is justified in response to verbal provocation alone?
Definition
NO!
Term
If you ask for someone to hit you in the face are you justified in using force
against that person
Definition
NO!
Term
Are you required to retreat before using force
Definition
No! if the actor has a right to be present at the location, has not provoked the other person, is not engaged in a criminal activity at that time.
Term
Is deadly force to prevent an actor’s commission of sexual assault, kidnapping,
criminal mischief at night
Definition
YES you can use deadly force
Term
Is an officer justified in using deadly force to effect an arrest for disorderly
conduct
Definition
No!!
Term
Can a parent use force including deadly force as discipline
Definition
No
Term
Can a grandparent use force but not deadly force to ensure child’s welfare
Definition
Yes
Term
What did Tennessee v Garner prohibit
Definition
The use of deadly force unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or SBI to officer and others. (absent circumstances)
Term
How far does the sheriff relate back to?
Definition
959 years in later day Anglo-Saxon, England.
Term
How was Texas policed under Mexican rule?
Definition
Mexican Military.
Term
When did Texas become a free and independent Republic?
Definition
In 1836 after Battle of San Jacinto.
Term
Who created the Texas Rangers?
Definition
Stephen F. Austin in 1823
Term
What is August Vollmer do
Definition
Created professionalism and established motorized patrol.
Term
How many principles of community policing are there
Definition
Ten
Term
How does community policing directly affect quality of life in a community
Definition
-Reducing fear
-Establishing trust and harmony
-Exchanging information to strengthen rapport and enhance safety
-Assisting in identifying and resolving problems
-Clarifying responsibilities on behalf of citizens and P.O.
-Help define service needs
Term
What are the characteristics of the police subculture
Definition
Issues of Mortality, Own Police Jargon, Solidarity and Social Cohesiveness, Isolation from
Term
What is the traditonal police service model.
Definition
-Reactive response and incident driven.
-Use of CJ System.
-Aggtegated stats.
-Lack of community involvement.
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