Term
| characteristics of learning |
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Definition
1. understanding
2. comprehension
3. remembering
4. retention |
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Term
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Definition
| the mindset to commit a crime |
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Term
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Definition
1. anything on chalk board/flip chart
2. enumeration
3. verbal emphasis
4. repetition
5. examples
6. overhead transparencies
7. demonstration
8. videos/ film |
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Term
| How to take multiple choice exams |
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Definition
1. answer all easier questions first. Put a light check beside difficult questions and continue working through the test.
2. answer all questions unless the teacher specifically says that you will lose points for a wrong answer
3. ask instructor to explain items that are not clear
4. try to answer questions from instructor's point of view
5. there may not be a perfect answer, choose the best answer available.
6. be sure to read all possible answers, even if the 1st is correct
7. eliminate answers known to be incorrect by crossing them out
8. if the item is in the form of an incomplete statement, try to complete the statement before looking at the suggested answers.
9. 1st hunch is usually best; do not change answers unless you have a good reason to do so. |
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Term
Municipal police officers education and training commission
- Meeting Requirements |
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Definition
1. quarterly meetings
2. special meetings ( upon request of 5 members)
3. Committees
- instructor standards and certification
- school inspection and certification
- budget
- syllabus
- waiver of training
- executive
- in service training ( Act 180) |
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Term
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Definition
1. one executive director (enlisted officer)
2. one administrative officer
3. one police training curriculum specialist
4. one budget analyst
5. 2 police education training analysts
6. one computer systems analyst
7. one personnel analyst
8. 3 administrative assistants |
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Term
| Commission Responsibilities |
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Definition
A. Grants and Subsidies
1. Tuition- basic training for municipal police officers
2. costs involved with mandatory in-service training
B. Certification of all municipal police officers
1. based on course length set by the commission
C. Decertification
1. misdemeanors I and II
2. all felonies |
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Term
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Definition
| the assignment of a certification # to a police officer evidencing successful completion of a mandatory basic training course of receipt of a waiver of basic training |
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Term
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Definition
| authorized to enforce 18 PA. C.S., moving violations, and carry a firearm |
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Term
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Definition
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Term
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Definition
| responsible for administration |
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Term
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Definition
| a training school or academy which provides a basic police training course. |
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Term
| Powers and Duties of the Commission |
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Definition
A. Revoke Officer certification
1. failure to comply with basic training
2. failure to comply with in-service training requirements
3. convicted of certain criminal offenses |
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Term
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Definition
keeping order through morals, etc.
1. crime repression reducing the opportunity for the commission of crime and reducing the desire to commit crime
2. normative influence setting of the limits of behavior that society will tolerate. |
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Term
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Definition
| YOU decide what you're going to do; a power yielded freely by police |
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Term
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Definition
| monetary compensation; no jail time |
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Term
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Definition
| someone committing a crime against society; jail time |
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Term
| Where is police power derived from? |
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Definition
| police power derives from the constitutional authority of the government; THE AUTHORITY OF PA POLICE OFFICERS IS DERIVED FROM THE PA CONSTITUTION |
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Term
| The Police Power of the State |
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Definition
This is a political doctrine that asserts that all governments have the inherent power to use force (coercion) to regulate human behavior in order to govern.
Most clearly seen in the preamble to the U.S. Constitution. "Establish justice, promote domestic tranquility, and provide for the general welfare." |
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Term
| The Police Power of the Government |
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Definition
the states are not products of the Federal govt. They are sovereign in all areas of government. Authority not delegated to the Federal govt.
The Police Power of the govt. is then divided into legislative (pass laws), judicial, and law enforcement powers and the latter of these powers is delegated to the executive branch(enforce laws) |
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Term
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Definition
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Term
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Definition
It is their responsibilty to administer and enforce the laws of the U.s. (in the case of the President) and the laws of the Commonwealth in the case of the governor. The Commonwealth further delegates this authority to political subdivisions fo the state govt.
Townships, boroughs, cities, and the counties are political subdivisions of the state govt. |
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Term
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Definition
in PA, they derive their authority from this constitutional delegation of the Police Power of the state. They have the authority to hire employees who have, if they comply with all applicable state laws, the authority of a police officer.
The commonwealth also has the authority to delegate this power to other organizations such as special municipal authorities, transit authorities, and school districts. They may even delegate this power to public and quasi-public organizations, ex. universities |
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Term
| Source of Police Power and Authority |
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Definition
1. PA Crimes Code (Title 18 of PA Consolidated Statutes)
2. PA Rules of Criminal Court
3. OTher statutory provisions of the laws of the Commonwealth of PA (underage drinking)
4. Case law derived from decisions of the PA Superior Court, the PA Supreme Court and the U.S. Supreme Court (Miranda)
5. The authority of PA police outside of their primary jurisdiction is described in the Municipal Police Jurisdiction Act. |
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Term
| What are the consequences of the misuse of the power delegated to the police? |
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Definition
1. A LOSS OF PUBLIC CONFIDENCE IN THE POLICE ESTABLISHMENT
2. loss of effectiveness by the agency directly effected (neighbors stop giving your helpful information)
3. loss of effectiveness by all law enforcement agencies
4. AN INCREASE IN THE NUMBER OF UNSUCCESSFUL PROSECUTIONS
5. A LOSS OF RESPECT FOR POLICE OFFICERS
6. a loss of community support. |
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Term
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Definition
The authority of the police includes the power to :
1. KEEP THE PEACE
2. To investigate criminal activity
3. TO DETAIN
4. TO ARREST
5. To hold persons to be charged with crimes until they may be presented to a magistrate
6. To search under certain circumstances or when a warrant has been issued.
7. To serve warrants of arrest and return, and other court orders. |
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Term
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Definition
In England, the power of the citizens was to enforce the laws. They had an obligation to call out for help when a crime was being committed; how law enforcement was created.
Still applies to everyone today; a person can detain an individual who has committed a crime until the police arrive on scene. |
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Term
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Definition
*certain circumstances when police have the right to take away someone's privleges.
A. an officer may arrest in the case of a felony based on probable cause
B. an officer may arrest in the case of misdemeanor when the offense is committed in the officer's presence (ex. assault)
C. an officer may arrest in the case of misdemeanor, as in the case of a felony, when such an arrest is specifically authorized by law, ex. all grades of theft
D. an officer may arrest in the case of a summary offense when the offense is committed in the officer's presence and the arrest is specifically authorized by law, ex. public drunkenness
E. the officer may arrest in the case of a summary offense as in the case of a felony, when such an arrest is specifically authorized by law, ex. shoplifting |
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Term
| law enforcement activities |
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Definition
| the police do not spend the bulk of their time in purely law enforcement activities |
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Term
| Public service activities |
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Definition
| public service encompasses those activities of the police related to such things as traffic control, crowd control, emergency assistance, first responder, and even simple tasks like giving directions and assisting motorists. |
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Term
| Community Social Structure |
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Definition
1. Family
2. Church
3. Village
4. socio-economic factors
5. professional careers
6. vocational affiliations
7. patterns of community ( urban, suburban, rural)
8. ethnic
9. religious identification
10. educational achievement
11. political association
12. leisure activities
13.industrialization |
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Term
| The Roots of American Policing |
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Definition
A. The conquest of England by William the Conqueror in 1066.
B. strengthening the monarchy
C. LAWS OF THE ANGLO-SAXONS (1st time for written laws)
D. The King's Peace (the forerunner of the criminal law)
E. THE KING'S COURTS (THE COURTS OF COMMON PLEAS TO THE KING)
F. The Writ System (basis for the Writ of Habeas Corpus)- told people what they were charged with
G. The Constable
H. The Westminster Statute
I. The Watch and Ward
J. INDUSTRIALIZATION (improved roads; went to city to find jobs)
K. Bow Street Runners- Henry Fielding
L. Home Secretary Robert Peel- an act for the reform of the police in and about the metroplis- keep peace by peaceful means; created 1st police force in England; gave reasons for the existence of police
M. Robert Peel set forth principles for the police
N. The English police were created by combining the law enforcement powers of a constable with a paid and uniformed officer.
K. |
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Term
| The principles for the police that were set by Robert Peel |
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Definition
1. basic mission for which the police exist is to prevent crime and disorder as an alternative to their repression by military force and verity of legal punishment
2. the ability of the police to perform their task is dependent on public approval of their existence
3. police must secure and maintain the respect and approval of the public as well as cooperation of the public in the task of observance of the laws.
4. preserve public favor...demonstrate impartial service to law...offer individuals service/friendship to ALL members of the public without regard to their wealth or social standing; offering sacrifice in protecting and preserving life
5. to use physical force only when exercise of persuasion/warning is insufficient; use only minimum degree of physical force which is necessary
6. Maintain at all time a relationship with the public; police are the public, the public are the police; police are the member of public who are paid to give full attention to duties which are incumbent on every citizen
7. to recognize always the need for strict adherence to police executive functions; don't take powers of the court
8. to always recognize that the test of police efficiency is the absence of crime and disorder and not the visible evidence of police action in dealing with them. |
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Term
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Definition
| reflected the very strong commitment of American people to democratic institutions and local control. |
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Term
| The power to investigate is derived from the power to detain and the authority to enforce the law |
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Definition
A. Formally the power to investigate criminal activity resides with the DA.
B. the coroner for each county is responsible for the investigation of all deaths.
C. the attorney general of the Commonwealth has general investigative and law enforcement authority throughout the Commonwealth
D. In the larger cities, the municipal police are responsible for most criminal investigations with the DA's detectives (county) doing investigative work in special areas or as a supplement to the police.
E. in smaller towns, and suburban communities the county detectives will take the lead in investigating most serious crimes
F. In rural counties, the PSP will conduct serious investigations
G. There is no formal protocol to determine which of the available agencies has the primary responsibility for criminal investigations |
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Term
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Definition
A. Full enforcement not possible
B. the police exercise a great deal of discretion
1. Discretion is defined as the ability to choose between alternatives
2. discretion in police work resides with the police officer or with the agency or a subgroup w/in the agency (giving out tickets)
3. it is largely unsupervisible |
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Term
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Definition
*the police use of coercive force in every encounter with the public
A. they represent the coercive power of the govt.
B. EVEN THE PRESENCE OF THE POLICE IS COERCIVE
C. WHEN THEY CHOOSE TO TELL PEOPLE WHAT TO DO OR WHEN THEY CHOOSE TO ENFORCE THE LAW, THEY CHOOSE TO ENFORCE THE LAW THEY USE COERCIVE FORCE EXPLICITLY
D. This exercise use of power has always been problematic in a democratic society. |
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Term
| Civil Liability may attach to the actions of a police officer in 2 ways: |
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Definition
A. CIVIL LAW SUIT IN STATE COURT FOR A BEHAVIOR THAT IS DEFINED AS A TORT UNDER THE CIVIL LAW OF THE COMMONWEALTH OF PA
B. UNDER THE FEDERAL CIVIL RIGHTS ACT OF 1871, 1983 (entitled to certain rights and if authority steps over those rights, monetary compensation can be a solution) |
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Term
| Commonwealth's Political Subdivision Limited Liability Act |
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Definition
A. PROVIDES FOR IMMUNITY AGAINST A CHARGE OF NEGLIGENT BEHAVIOR
B. IT ONLY APPLIES TO NEGLIGENT ACTS AND IT ONLY APPLIES TO THE DISCRETIONARY ACTION
C, IT DOES NOT APPLY TO THE USE OF POLICE EQUIPMENT OF ANY KIND INCLUDING THE POLICE VEHICLE OR THE OFFICER'S WEAPON (RUNNING A LIGHT AND HITTING SOMEONE)
D. Officers are not protected by this legislation if they act willfully (if they knew act isn't justified)
E. NO IMMUNITY IF THE OFFICER ACTS MALICIOUSLY |
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Term
| Municipal police officers have no immunity under the Federal Civil Rights Act of 1871 |
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Definition
A. 1983 provides for both civil and criminal penalties for actions by an official in violation of civil rights
B. civil actions may be instituted for violations of the following rights:
1. life
2. FREEDOM
3. DIGNITY
4. HEALTH
5. specific rights under the 4th, 5th, 6th, and 8th amendments (these concern the police) |
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Term
| Cases are commonly initiated for the following reasons: |
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Definition
1. EXCESSIVE USE OF NON-DEADLY FORCE
2. UNJUSTIFIABLE USE OF DEADLY FORCE
3. UNLAWFUL RESTRAINT AND ARREST (W/O PROBABLE CAUSE)
4. FALSE IMPRISONMENT
5. FAILURE TO PROTECT
6. UNLAWFUL SEARCH AND SEIZURE
7. CRUEL AND UNUSUAL PUNISHMENT |
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Term
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Definition
| person suing the cop as the individual and insurance doesn't apply |
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Term
| The levels of culpability in civil cases |
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Definition
A. NEGLIGENCE- deviation from of failure to exercise due care or standard care
B. RECKLESS DISREGARD- should have known that he or she was doing an unjustifiable act in disregard of the life or health of the victim
C. WILLFUL- knew that he/she was doing a wrong
D. MALICIOUS- did wrong with evil intent |
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Term
| Defenses available to an officer accused of a wrong include: |
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Definition
A. JUSTIFICATION
B. GOOD FAITH
C. IMMUNITY |
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Term
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Definition
is a partnership between the police and law abiding citizens to create permanent solutions to problems and thereby enhance the quality of life in the community or the neighborhood
is a tool to:
reduce crime
ensure citizen safety
-builds confidence by solving situations
- supports resident crime prevention activities |
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Term
| Reasons for Police/Community Separation |
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Definition
1- technological innovations ( the patrol car, instead of walking)
2- political and corruptive influences
- payoffs
- politicians making them turn their head
- someone with connections getting a ticket taken care of
3- changing social values |
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Term
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Definition
| a lot of corruption but the cop was in the neighborhood. If you had a problem, you went to your politician who would pass the word down to the cop, or you would turn to the COP. |
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Term
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Definition
| took the COP out of the neighborhood; didn't know what was going on in the community |
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Term
| Modern Era (community era) |
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Definition
| put the COP back in the neighborhood |
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Term
| Expectations of the Community |
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Definition
1- protection
2- honesty
3- maintain order
4- response to calls for service
5- make arrests
6- be a resource to the community
a. catalyst (be the middle man, 3rd party)
b. Omnibudsman (be the all-wise, solve problems)
c. diagnostician |
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Term
| Expectations of the Police of the Community |
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Definition
1- volunteer and be active
2- provide emotional and political support
3- be a source of information
4- communicate concerns |
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Term
| The major goals of the Criminal Justice System |
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Definition
A. Guaranteeing Due Process
B. Crime Prevention
C. Crime control through due process |
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Term
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Definition
1. DUE PROCESS- the principle of the rule of the law
2. GUARANTEEING- protection of private rights
3. Generally understood to include:
a. a law creating and defining an offense
b. an impartial tribunal have jurisdiction and authority over the matter
c. accusation in proper form (a copy of the criminal complaint)
d. notice and opportunity to defend yourself against charges
e. trial by established procedures
f. discharge from all restraints or obligations unless convicted
4. One of the 2 models of justice. The DUE PROCESS MODEL emphasizes the need to protect individuals from injustice (speedy trial, lawyer, etc.) |
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Term
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Definition
including measures such as:
1. DETERRENCE- the threat of punishment for law breakers
a. general deterrence- punishing a person to set an example and deter others from future law breaking
b. specific deterrence- punishing a person to dissuade that person from committing future law breaking
2. INCAPACITATION- the obstruction of one's ability to do law breaking acts, i.e.,
a. incarceration in prison or,
b. supervision
3. REHABILITATION- application of a therapy which will decrease the propensity of one to break laws
4. the 2nd of the 2 models of justice. THE CRIME PREVENTION MODEL (crime control model) emphasizes the need to enforce laws and maintain social order includes:
a. concern for the protection of life and property rights
b. apprehension of offenders
c. enforcement of law including RETRIBUTION, the application of "just desserts." |
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Term
| Crime Control Through Due Process |
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Definition
Due Process and Control Models of justice exist in nearly constant and unavoidable opposition to one another with ideological support and criticism of each.
major goal of the CJ systems is to seek crime control through due process, to enforce law with special regard for the rights of individuals |
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Term
| The LOCAL level of law enforcement, courts, and corrections |
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Definition
law enforcement = municipal, city, township, local police
courts = minor judiciary... district justice and traffic court
Corrections = NA |
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Term
| COUNTY level of Law enforcement, courts and corrections |
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Definition
law enforcement = county police, county detectives, sheriff
courts = state and trial courts
corrections = county jail, prisons, county probation/parole |
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Term
| STATE level of law enforcement, courts and corrections |
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Definition
law enforcement = state police and highway patrol
courts= state courts of appeal
corrections = state prison, probation/parole |
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Term
| FEDERAL level of law enforcement, courts, and corrections |
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Definition
law enforcement = FBI, DEA, secret service, ATF, Marshals, postal inspectors, park rangers
courts = federal district courts, circuit courts (appeals), supreme court
corrections = U.S. Penitentiary, probation/parole |
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Term
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Definition
1. law enforcement
2. courts
3. corrections |
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Term
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Definition
1. local/municipal
2. county
3. state |
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Term
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Definition
| municipal police, employed by cities, towns, boroughs; enforce state laws and ordinances; campus police, transit police, housing police, park police |
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Term
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Definition
| part of the county police; may assist with local law enforcement and investigation. May or may not do "law enforcement duties" and may/may not be involved in running county detention facilities. Also officers of the court who serve court orders including warrants, subpoenas, transport prisoners |
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Term
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Definition
| or highway patrol; assist local police to enforce state laws particularly when a crime problem is multijurisdictional. may conduct special investigations or provide specialized services (forensic analysis, special weapons, tactics resources) and are usually responsible for enforcement of the vehicle code on state/interstate highways |
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Term
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Definition
| lower courts, or minor judiciary may be called JUSTICES OF THE PEACE, DISTRICT COURTS, MUNICIPAL COURTS...handle minor infractions of law (traffic offenses, violation of ordinances, etc.) |
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Term
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Definition
| associated or located by county level of government |
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Term
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Definition
| (appellate); intermediate courts of appeals and the state supreme court ( does not conduct trials) |
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Term
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Definition
a. U.S. district courts, trial courts of the federal govt.
b. U.S. circuit courts, immediate courts of appeal
c. U.S. Supreme court, the final court of appeal |
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Term
| Local corrections agencies |
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Definition
penalties and sanctions, such as fines and restitution are usually handled through the local court or a subdivision of the local court.
WHILE AWAITING A 1ST APPEARANCE BEFORE THE JUDGE, ONE MAY BE HELD IN POLICE CUSTODY IN A LOCK UP THAT'S NOT A CORRECIONAL FACILITY |
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Term
| county corrections agencies |
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Definition
the county jail or prison detains those sentenced to short periods of confinement (i.e. 6 months- 2 years depending upon jurisdiction)
a. while not a correction function, the county jail/prison serves as a place of detention for those awaiting trial that can not post bail, or have been given the opportunity to post bail, or are awaiting sentencing
b. may also have a probation or parole agency. Probation instead of incarceration
c. other correctional services = halfway houses, restitution programs, community service programs, rehabilitation services |
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Term
| state corrections agencies |
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Definition
| state prisons usually house the more serious offenders with longer sentences (more than 2 years). May also have probation and parole |
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Term
| Federal corrections agencies |
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Definition
| serve sentence in federal prisons (penitentiary) |
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Term
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Definition
| limited to hearing cases with a maximum penalty of 90 days imprisonment |
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Term
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Definition
preliminary arraignment; defendant is brought before the judge to hear charges and a bail decision
1- if private counsel can't be afforded, court appointed attorney assigned
2- 60-80% can't afford private counsel |
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Term
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Definition
made by judge or bail hearing officer, often according to some formula or guidelines
1- dangerousness of defendant, if they will pursue/contact with witnesses
2- some are ROR... their word they will appear for court
3- up to 2/3 of those in county jails/prisons are being detained because they couldn't post bail |
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Term
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Definition
| to show court the prosecution has a "prima facia" case; enough probable cause? |
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Term
| Information of Indictment |
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Definition
1. In other states, a grand jury returns
a. no bill (doesn't warrant prosecution)
b. true bill ( case is worthy of full trial by court)
2. police of prosecutors may bring a case directly to a grand jury before an arrest is made
3. grand juries may return an indictment
4. some states (PA), a prosecutor may file an "information" with the court |
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Term
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Definition
1. defendant hears charges to be tried and enters plea
2. if pleas guilty or nolo contendre(no contest) may have a hearing to determine penalty or may go immediately to sentence stage
3. if not guilty, then onto pre-trial motions, plea negotiations, trial, etc. |
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Term
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Definition
1. admissibility of evidence
2. change of venue |
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Term
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Definition
1. only most serious cases go to trial; probably less than 15% of all criminal
2. presentation of prosecution case
3. presentation of defense, if defendant elects to do so.
4. can be bench trial (judge hears case, no jury) |
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Term
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Definition
1. may be delayed until a pre-sentence report is done
2. various systems
a. minimum mandatory
b. determinate/indeterminate (some sentences may not have an end)
c. suspended |
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Term
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Definition
1. mandatory if death penalty is involved
2. not available, generally, for guilty pleas
3. not for the innocent, generally |
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