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CJD 761


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The purpose Article of Constitution include these 4 things:
A) establish the form of government
B) establish separation of powers
C) Establish manner and responsibility to make laws
D) estab sovereignty of the separate states
What is the purpose of the Admenments of the US Constitution?
To place limits on the governments so they do not infringe on these rights.
Describe 1st amendment.
Freedom of speech, press, and assembly.
Describe 2nd amendment.
Right to bear arms.
Desribe 3rd amendment.
Prohibiting quartering of soldiers in private homes.
Desribe 5th amendment.
Protection from double jeopardy, not required to testify against oneself, not to be deprived of life, liberty, or property without due process.
Desribe 6th amendment.
right to a speedy trial, impartial jury, counsel, confront witnesses, be informed of the nature of the charges.
Desribe 7th amendment.
right, at common law, of trial by jury
Desribe 8th amendment.
protection from excessive bails, fines, and cruel and unusual punishment.
Desribe 9th amendment.
retention, by the people, of general rights.
Desribe 10th amendment.
state's rights are preserved.
Desribe 14th amendment.
protects against the denial of life, liberty or property without due process by the State and has been used by the US Supreme Court to extend federal rights to state matters.
Identify elements of "attempt" from S777.04.
Doing any act with the intent toward the commission of the offense, but failing or being intercepted or prevented in executing the offense.
Identify the basic elements of "criminal conspiracy".
Agreeing, conspiring, combining or confederating with another person or persons to commit a crime.
Identify the basic emelents of "Criminal solicitation"
commanding, encouraging, hiring, or requesting another person to engage in specific conduct which would constitute a criminal offense.
Someone who attempts, conspires, or solicits to commit an offense is charged how?
One degree below the offense attempted.
Conspiracy requires proof on conspiratorial activity between ____?
2 or more parties who neither are LEOs or persons working under the direction of such officers.
Define Evidence as _____?
anything presented in a court of law to prove or disprove the existence of a fact.
What is the diffrence between evidence and proof?
Evidence is information that is allowed in court,

While proof is the effect produced by this information.
Identify two major types of evidence as ______ and ______?
indirect (or circumstantial) and direct
Direct evidence
directly proves a fact without an inference or presumption and which in itself if true conclusively establishes that fact.
Define indirect evidence as ____.
establishes a fact indirectly, and necessitates an inference or presumption.
Identify the three major categories of evidence as ________?
Testimonial - verbal evidence from a witness

Documentary - written or printed evidence (ie checks, letters)

Physical/real - material objects such as guns, knives, clothing from which an inference can be drawn.
Define "Fruits of a Crime"
that which is obtained by the defendant as a result of committing a crime.
Define "Instrumentalities of a Crime" as ____.
articles used to commit a crime.
Define "Contraband" as _____.
goods, property or other thing possessed in violation of the law.
Identify 3 reasons evidence is offered in court.
A) to prove or disprove a crime

B) to support or disprove other evidence

C) to determine sentence
What are the major reasons for rules of evidence?
A) Protect jurors from being confused or misled

B) expedite trial
List some general reasons for excluding evidence as _____.
A) reduce violations of Constitutional rights
B) avoid undue prejudice to the accused
C) prohibit consideration of unreliable evidence
D) protect valued interest and relationships
Define "hearsay evidence" as _____.
any statement made out of court by someone other than the person testifying at a trial which offers evidence to prove or disprove the truth of the matter asserted.
Explain that the "hearsay rule" states that _____.
hearsay evidence is inadmissible except as provided by s.90.803
Identify 4 specific actions that officers must be aware of to ensure admissibility of evidence as _____.
A) Evidence is relevant to the case
B) Evidence must be legally obtained
C) Evidence must be properly preserved
D) Chain of Custody must be preserved
Define "Exclusionary Rule" as ____.
the principle that evidence will be rejected by the court if it has been obtained in an illegal manner.
Probable Cause is contingent upon the existence of articulable details constituting for ______ or ______.
arrest purposes or search and seizure purposes.
Explain the continuum of the question of evidence of criminal offenses as:

(Four things)
A) mere suspicion
B) reasonable suspicion
C) probable cause
D) beyond a reasonable doubt
Name other standards which courts have recognized as valid for some purposes but do not by themselves constitute probable cause:
A) reasonable grounds or cause
B) beliefs
C) special circumstances
D) articulable suspicion
Define arrest as _____.
Legally depriving a person of liberty or freedom to go as one chooses, or taking a person into custody to be held to answer for a crime.
What are the two ways to arrest a person?
With a warrant and without a warrant
When can an arrest be made without a warrant by an officer?
A) person committed a felony or misdemeanor in the presence of the officer.
B) a felony has been committed and the officer has probable cause to believe that the person committed it.
C)the officer has PC to believe that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it.
Describe the method of making an arrest with a warrant as ____.
A) inform the person to be arrested of the cause of the arrest.

B) inform the person that a warrant has been issued.
List some exceptions to making a misdemeanor arrest without a warrant, when not committed in the presence of an officer.
A) retail or farm theft
B) traffic offenses
C) defrauding innkeeper/food service
D) carrying a concealed weapon
E) boating accident investigation
F) possession of <20g of cannabis
G) domestic violence
H) stalking
I) Trespass
What are the elements of an arrestin fresh pursuit?
A) immediate pursuit of a person who has suspected of committing an offense
B) may go beyond jurisdictional boundaries in pursuit
C) if arrest is made in another county, officer shall notify officer in charge of the jurisdiction of the arrest and book arrested in county where apprehended
What is are the Miranda Rights?
requirement based on the Supreme Court decision where prior to custodial interrogation the person charged with a crime is advised of certain specific legal rights.
Define a "notice to appear" as ____.
a written order issued by a LEO in lieu of physical arrest, requiring a person accused of violating the law to appear in a designated court at a specified time and date.
Does a LEO need an warrant if he has PC to believe that a parolee has violated the terms of his/her release?
Define "Search" as ___.
effort to seek and discover evidence or contraband in the possession of another.
Defin "Seizure" as ______.
act of taking possession of evidence or property and or contraband for a violation of law.
Identify that searches and seizures generally must be based upon ____________ unless a recognized legal exception permits.
Probable Cause
Define "Search Warrant"
an order signed by a judge authoring LEOs to search a particular person or place for particular items.
What is "express consent"
the voluntary giving of permission by the accused by word of mouth or by signing a consent to search to search form.
What is "Implied consent"
the voluntary giving of permission by act if the act clearly indicates consent
Define "Scope of Searches" as
limitations concerning what can legally be searched for and location to be searched
Define "Probale Cause" as
the evidentiary criterion necessary to sustain the issuance of a search warrant.
List some types of warrantless searches as ;
Consent; incident to arrest; plain view; exigent circumstances; statutory; regulatory; open field; abandoned property
Define "Stop" as ____.
the temporary detention of an individual based upon "reasonable, articulable, suspicion" that the individual has committed, is committing or is about to commit a criminal offense.
Define a "Frisk" as ____.
a pat down of the individual's outer clothing, based upon additional information above that is needed for the stop.
Define "plain feel doctrine"
a pat down of an individual's outer clothing to feel for an object whose contour or mass makes its identity as contraband immediately apparent may be seized without a warrant.
Identify items that an officer can search for and seize under given conditions to include _______.
dangerous weapons; fruits of a crime; instruments of the crime; contraband; suspects; evidence relevant to proving the commission of a felony; items defined by statue.
What are the 3 types of possession?
actual, constuctive, and joint
What must be present for a strip search to occur?
A) violent offense involved a weapon
B) violent offense involved a controlled substance
C) probable cause exists to believe that the defendant is concealing a weapon, narcotics, or stolen property
D)defendant is returned to jail after appearance unable to bond out or be released on recognizance.
Name 2 types of privileged communication;
A) Communication resulting from relationships

B) communications relating to disclose of persons who made communications.
List some types of relationships that have priveleged communications.
A) husband/wife
B) attorney/client
C) clergy/penitent
What is the basic reason for privileged communications?
to protect rights and intrests where the protection is considered more important than the need for the evidence.
Explain ways the waiver of privelege of communication may occur.
A) voluntary waiver
B) operation of law
C) open diclosure of protected info
D) illegality in otherwise protected relationship
A person must testify unless ____.
one of the priveileges is asserted.
How many titles did the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 include?
Chapter 893 of the FL Comp Drug Abuse Prevention and Control Act included ______.
A) definitions
B) controlled substance schedules
C) enforcement
D) burden of proof0
E) testing and destruction of seized substances
F) contraband
G) prohibited acts and penalties
H) trafficking
I) drug paraphernalia
What are the elements necessary to establish the offense of possession or transporting, selling or furnishing a controlled substance?
A) knowledge/intent
B) physical possession or constructive control
In regards to posseion of drugs there are two types of possession, what are they?
A) exclusive or joint possession

B) actual or constructive possession
To "sell" drugs means to ____.
exchange drugs for money
To "deliver" drugs means to _____.
the actual, constructive, or attempted transfer from one person to another.
Explain that "manufacture" of drugs means ________.
the preparation, packaging, labeling, or relabeling, propagation etc....
What are the elements of criminal mischief?
A) the defendant injured or damaged property
B) the property belongs to an identifiable victim
C) it was done willfully and maliciously
Criminal mischief is considered a misdemeanor unless _______.
all the property damaged was owned by one person and it was over $1000 in damage and it was damaged during one course or conduct.
If you willfully and maliciously deface a sexually violent predator detention or commitment facility you be charged with what level of a charge?
3rd degree felony
If you willfully and maliciously damages any place of worship or religious article therein is guilty of a __________ if the damage is over $200.
3rd degree felony
If you damage a pay phone so that it doesn't work or you open the phone you will be guilty of a ________.
3rd degree felony
If you have any prior criminal mischief convictions, any subsequent sentences for convictions of misdemeanor criminal mischief offenses will be _________.
enhanced to a 3rd degree felony.
What is the Baker Act also known as?
Florida Mental Health Act
What is a "receiving facility"?
any public or private facility designated by the Department of Children and Families to receive and hold involuntary patients under emergency conditions
Who can Baker Act someone?
A) the circuit court
C) physician, clinical psychologist, clinical social worker
What must a LEO fill out when he Baker Acts someone.
Report of Law Enforcement Officer (BA-52)
How long may an individual be detained at a receiving facility for involuntary examination?
72 hours
What does the Myers Act deal with?
treatment and services for intoxicated persons
When did new procedures for involuntary admissions take effect for substance abuse?
October 1, 1993
The Treatment and Rehab of Drug Dependents Act includes with these 3 things.
A) Drugs
B) Alcohol
C) Inhalants
With regards to taken someone into custody for substance abuse problems, the LEO must notify who?
A) nearest relative of an adult unless the adult request no notification

B) the nearest relative of a minor
For substance abuse the person taken into custody must be evaluated in ______ hours by the attending physician.
Resisting a LEO can be either a _____ or a ________ depending on the corcumstances.
misdemeanor or felony
Resisting a LEO w/ violence =
Resisting a LEO w/o violence =
It is a _______ to use two-way radio communications to facilitate or further the commission of a felony crime.
Any performance or part thereof which includes sexual conduct by a child of less than 18 yrs of age describes _____.
the concept of child pornography
Extortion is a what ______ degree ______?
2nd degree felony
An agreement between 2 or more people to wager something of value on the outcome or occurrence of an event in return for the chance to win something of value on the wager is ________?
Lists some legal forms of gambling in FL.
dog/horse racing; jai-alai; bingo; lottery
Large scale illegal gambling operations is often connected with _______.
organized crime
What are the responsiblities of the State Fire MArshall?
suppression of arson and investigation of fires
What can a person be charged with in regards to arson.
felony or misdemeanor
In regards to Sex Crimes the SS that deals with prostitution is
In regards to Sex Crimes the SS that deals with adultery and fornication
In regards to Sex Crimes the SS that deals with lewd acts
In regards to Sex Crimes the SS that deals with bigamy, incest
In regards to Sex Crimes the SS that deals with voyerism
If the vistim is under 12 and the defendant is 18 or older the sexual battery is a __________.
capital felony
If the victim is under the age of 12 and the defendant is under the age of 18, the sexual battery is a ______.
life felony
A person who commits sexual battery upon a person 12 yrs or older w/o the person's consent and the defendant uses or threatens to use a deadly weapon or uses actual physical force, the sexual battery is a ______.
life felony
Identify elements of a sexual battery that constitute a 1st degree felony includes ______.
A) victim was physically helpless or
B) victim was coerced to submit by threats of force likely to cause great bodily harm, or
C) offender administered victim a narcotic or intoxicant
What are the various types of sexual batteries?
A) forcible
B) under 18
C) homosexual
The element of sexual battery that constitutes a ________ is the defendant used actual physical force not likely to cause serious injury.
2nd degree felony
A juvenile sex offender is defined as _____.
A) under the age of 12

B) a child who is alleged to have committed any violation of law involving juvenile sexual abuse
Taking of money or other property from a person or custody of another by force, violence, assault, or putting in fear describes _____.
All robberies are considered _______.
Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will without lawful authority is the definition of _______.
This is the same as kidnaping except that it is not used as ransom, hostage, to facilitate a felony, interfere with government function, or recover child awarded in custody.
false imprisonment
A person who kidnaps a person under 13 is guilty of a ______ if that person commits __________.
life felony of the 1st degree

A) child abuse
B) sex battery
C) lewd act
D) forcing prostitution upon the child
E) exploitation of the child
List the diffrent types of homicide to include:
A) 1st degree murder
B) 2nd degree murder
C) 3rd degree murder
D) manslaughter
E) vehicular homicide
F) vessel homicide
Lists the different types of manslaughter.
A) voluntary
B) involuntary
C) culpable negligence
What is the minimal elements of proof in homicide cases?
A) fact of death
B) criminal agency of another person as cause of death
Knowingly obtaining, using, or endeavoring to obtain or use property of another with intent to temporarily or permanently deprive the other person is described as?
What is it called if the item taken is under $300.
petit theft
A person charged for dealing in stolen property will be charged with a _______.
2nd degree felony
A charge for initiating, organizing, managing the trafficking of stolen property is a _______.
1st degree felony

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