The first 10 of the 27 amendments are a special group known The Bill of Rights (Pg 6)
as...
Law A form of social control and a method of encouraging people to behave in a certain way
(Pg 6)
Define the law within a social context, how the evolution of -In a complicated modern society, written laws are necessary to maintain order.
the law governs our communities CP-211.1 - English common law forms the basis for the American legal system and represents the
codification of a naturally developed set of rules governing society
- laws serve to protect ownership of property, regulate certain businesses, and raise
revenue
- several forms of law cover in the way we live in the United States, including statutory
law, case law, and constitutional law (pg6)
Statutory law -Congress, state legislatures, or local governing authorities, in response to a perceived
need, right in enact these laws. -They include criminal, civil, administrative laws (pg 6)
Criminal law -Defines Unacceptable behaviors and government prosecution of those who commit them
- Regulates social conduct and preserves the moral welfare of people.
- it punishes those who violate these laws
(Pg6)
Civil law - pertains to the legal action a person takes to resolve a private dispute with another
person (pg6)
Describe the differences between criminal and civil statutory Criminal law differs from civil law, where emphasis is more on dispute resolution and
law CP-211.2 victim compensation then on punishment (pg6)
Ordinance Statues in acted by a municipal or county government (Pg6)
Describe the importance of a probation officer maintaining - local governments create ordinances that regulate matters of narrow application, such as
familiarity with local ordinances in the performance of his or curfews for minors, restrictions on the hours for selling alcohol, or parking regulations
her job duties CP-211.3 - ordinances apply only within the jurisdiction of the government entity that Enacted
them
- some ordinance violations are criminal while others are civil infractions
- these laws cannot conflict with state or federal law, including case law (pg6)
Administrative law - sometimes called regulatory law, is the body of law that allows for the creation of
public regulatory agencies (pg 7)
Florida administrative code chapter 33-302 Governs probation and parole services (Pg 7)
Case law The decisions of the court system, the judicial branch (pg7)
Describe how case law affect the job duties of the probation - Once an appellate court create a rule, known as president, you are required to follow
officer CP-211.5 that rule, unless a higher court changes the rule
- additionally each circuit court ruling is binding in that jurisdiction
- be aware of conflicting rulings and follow the case law in your jurisdiction (pg7)
Describe how administrative law affect the job duties of a Florida administrative code is an important example of administrative law and guides the
probation officer CP-211.4 department and for filling it statutory obligation (Pg7)
,Constitutional law Defines our form of representative government, and identifies the powers and limitations
of it three branches. It consist of standards set forth in the constitution, and in court
decisions, interpreting the constitution headed down by US district and supreme courts
(Pg7)
Supremacy clause A significant idea incorporated into the US Constitution is by the founding fathers. Set
forth in article 6, the supremacy clause states that when laws conflict, federal law
generally over the rules state and local law. State law can be more restrictive than federal
law, but it cannot undermined the federal standard (pg7)
Describe the correlation between the powers of the US - The state of Florida has its own state constitution that generally parallels the US
Constitution and the Florida constitution CP-211.6 Constitution.
- this means that Florida constitution of forwards Florida citizens the same level of rights
or greater then they derive from the US Constitution (pg7)
Constitutions main body consist of... The seven articles of the Constitution (pg7)
The purpose of the articles of the constitution... To form a contract between the people of the United States in the United States
government which spells out the responsibility and authority of the government (Pg 8)
The three branches of government 1. Executive branch
2. Legislative branch
3. Judicial branch (Pg8)
Executive branch - headed by the president
- carries out and recommends federal laws, directs national defense and foreign policy,
and perform ceremonial duties
- presidential powers include directing government, commanding the arm forces, dealing
with international powers, acting as chief law-enforcement officer, And vetoing laws
(pg8)
Legislative branch - directed by Congress, which includes the House of Representatives and the Senate
- The main task of these two bodies is to make the laws.
- Powers of the legislative branch include passing laws, originating spending bills,
impeaching officials, and approving treaties (pg8)
Judicial branch - headed by the Supreme Court
- Powers include interpreting the constitution, reviewing laws, and deciding cases
involving states rights (pg8)
Describe the role and purpose of the amendments to the United The purpose is to ensure that the government does not infringe upon the rights of the
States Constitution CP-211.8 individual. Amendments to the constitution is our improvements, corrections, or
aversions to the original content (Pg8)
First, second, fourth, fifth, sixth, and eighth amendments are... Of particular importance to law-enforcement and probation officers, as they concern
issues of officer liability (Pg8)
First amendment Protects the freedom of speech, press, peaceful assembly, and religion (Pg8)
Second amendment Guarantees the right to bear arms (Pg8)
Fourth amendment Prohibits unreasonable search and seizure and generally requires a warrant signed by an
independent magistrate.
- Federal in Florida case law have hell that warrantless searches by probation officers
under certain circumstances are reasonable under the fourth amendment (pg8)
Fifth amendment - prohibiting compelled self-incrimination, requires grand jury indictment for capital
crimes, prohibits double Jeopardy, and deprivation of life, liberty, or property without due
process of law (pg8)
, Sixth amendment Guarantees the suspects right to information regarding the nature of the charges, counsel,
a speedy and public trial, chicken for witnesses, and face and impartial jury (Pg 8)
Eighth amendment Prohibits excessive bails and fines and cruel and unusual punishment (pg8)
Due process clause -Expand the application of the bill of rights to state and local government's-14th
amendment
- fifth amendment: also contains a due process clause but it is limited only to the actions
of the federal government
- The due process clause is require government to be fair when taking away someone's
life, liberty, or property (pg9)
Two main components of due process are: 1. Substantiative due process
2. Procedural due process (Pg9)
Substantiative due process Fair and consistent enforcement of the law (Pg9)
Procedural due process Refers to the steps that protect an individuals rights during a criminal justice proceeding
(pg9)
Maintain current knowledge of the legal developments in -The department of corrections for post any changes in policy based on legislative
constitutional, statutory, and case law, to perform the job updates to the department of corrections intranet.
duties of a probation officer effectively CP-211.10 - avoid obtaining legal knowledge from an official sources such as newspapers,
television, radio, unofficial websites, and word-of-mouth (pg9)
The most recognize types of liability are... Criminal and civil (Pg12)
Criminal liability Occurs when the court find a person guilty of committing a crime, sentencing him or her
to incarceration or other penalties (Pg9)
Civil liability Responsibility for a wrongful act or an omission that injures a person or property and
most often involves negligence. (Pg9)
Tort A civil wrong in which the action or in action of a person or entity violates the rights of
another person or entity I can serve as grounds for a lawsuit.
- can be intentional or unintentional. The difference is intent (pg9)
Negligence Failure to use do or reasonable care in a situation that results in harm to another (Pg 12)
Omission Means neglecting to perform with the law or duty requires (pg13)
Elements of civil negligence 1. A duty to act with care
2. Breach of the duty to act
3. Causation or proximate cause
4. Damages (Pg13)
Duties may be... General or specific (Pg13)
as...
Law A form of social control and a method of encouraging people to behave in a certain way
(Pg 6)
Define the law within a social context, how the evolution of -In a complicated modern society, written laws are necessary to maintain order.
the law governs our communities CP-211.1 - English common law forms the basis for the American legal system and represents the
codification of a naturally developed set of rules governing society
- laws serve to protect ownership of property, regulate certain businesses, and raise
revenue
- several forms of law cover in the way we live in the United States, including statutory
law, case law, and constitutional law (pg6)
Statutory law -Congress, state legislatures, or local governing authorities, in response to a perceived
need, right in enact these laws. -They include criminal, civil, administrative laws (pg 6)
Criminal law -Defines Unacceptable behaviors and government prosecution of those who commit them
- Regulates social conduct and preserves the moral welfare of people.
- it punishes those who violate these laws
(Pg6)
Civil law - pertains to the legal action a person takes to resolve a private dispute with another
person (pg6)
Describe the differences between criminal and civil statutory Criminal law differs from civil law, where emphasis is more on dispute resolution and
law CP-211.2 victim compensation then on punishment (pg6)
Ordinance Statues in acted by a municipal or county government (Pg6)
Describe the importance of a probation officer maintaining - local governments create ordinances that regulate matters of narrow application, such as
familiarity with local ordinances in the performance of his or curfews for minors, restrictions on the hours for selling alcohol, or parking regulations
her job duties CP-211.3 - ordinances apply only within the jurisdiction of the government entity that Enacted
them
- some ordinance violations are criminal while others are civil infractions
- these laws cannot conflict with state or federal law, including case law (pg6)
Administrative law - sometimes called regulatory law, is the body of law that allows for the creation of
public regulatory agencies (pg 7)
Florida administrative code chapter 33-302 Governs probation and parole services (Pg 7)
Case law The decisions of the court system, the judicial branch (pg7)
Describe how case law affect the job duties of the probation - Once an appellate court create a rule, known as president, you are required to follow
officer CP-211.5 that rule, unless a higher court changes the rule
- additionally each circuit court ruling is binding in that jurisdiction
- be aware of conflicting rulings and follow the case law in your jurisdiction (pg7)
Describe how administrative law affect the job duties of a Florida administrative code is an important example of administrative law and guides the
probation officer CP-211.4 department and for filling it statutory obligation (Pg7)
,Constitutional law Defines our form of representative government, and identifies the powers and limitations
of it three branches. It consist of standards set forth in the constitution, and in court
decisions, interpreting the constitution headed down by US district and supreme courts
(Pg7)
Supremacy clause A significant idea incorporated into the US Constitution is by the founding fathers. Set
forth in article 6, the supremacy clause states that when laws conflict, federal law
generally over the rules state and local law. State law can be more restrictive than federal
law, but it cannot undermined the federal standard (pg7)
Describe the correlation between the powers of the US - The state of Florida has its own state constitution that generally parallels the US
Constitution and the Florida constitution CP-211.6 Constitution.
- this means that Florida constitution of forwards Florida citizens the same level of rights
or greater then they derive from the US Constitution (pg7)
Constitutions main body consist of... The seven articles of the Constitution (pg7)
The purpose of the articles of the constitution... To form a contract between the people of the United States in the United States
government which spells out the responsibility and authority of the government (Pg 8)
The three branches of government 1. Executive branch
2. Legislative branch
3. Judicial branch (Pg8)
Executive branch - headed by the president
- carries out and recommends federal laws, directs national defense and foreign policy,
and perform ceremonial duties
- presidential powers include directing government, commanding the arm forces, dealing
with international powers, acting as chief law-enforcement officer, And vetoing laws
(pg8)
Legislative branch - directed by Congress, which includes the House of Representatives and the Senate
- The main task of these two bodies is to make the laws.
- Powers of the legislative branch include passing laws, originating spending bills,
impeaching officials, and approving treaties (pg8)
Judicial branch - headed by the Supreme Court
- Powers include interpreting the constitution, reviewing laws, and deciding cases
involving states rights (pg8)
Describe the role and purpose of the amendments to the United The purpose is to ensure that the government does not infringe upon the rights of the
States Constitution CP-211.8 individual. Amendments to the constitution is our improvements, corrections, or
aversions to the original content (Pg8)
First, second, fourth, fifth, sixth, and eighth amendments are... Of particular importance to law-enforcement and probation officers, as they concern
issues of officer liability (Pg8)
First amendment Protects the freedom of speech, press, peaceful assembly, and religion (Pg8)
Second amendment Guarantees the right to bear arms (Pg8)
Fourth amendment Prohibits unreasonable search and seizure and generally requires a warrant signed by an
independent magistrate.
- Federal in Florida case law have hell that warrantless searches by probation officers
under certain circumstances are reasonable under the fourth amendment (pg8)
Fifth amendment - prohibiting compelled self-incrimination, requires grand jury indictment for capital
crimes, prohibits double Jeopardy, and deprivation of life, liberty, or property without due
process of law (pg8)
, Sixth amendment Guarantees the suspects right to information regarding the nature of the charges, counsel,
a speedy and public trial, chicken for witnesses, and face and impartial jury (Pg 8)
Eighth amendment Prohibits excessive bails and fines and cruel and unusual punishment (pg8)
Due process clause -Expand the application of the bill of rights to state and local government's-14th
amendment
- fifth amendment: also contains a due process clause but it is limited only to the actions
of the federal government
- The due process clause is require government to be fair when taking away someone's
life, liberty, or property (pg9)
Two main components of due process are: 1. Substantiative due process
2. Procedural due process (Pg9)
Substantiative due process Fair and consistent enforcement of the law (Pg9)
Procedural due process Refers to the steps that protect an individuals rights during a criminal justice proceeding
(pg9)
Maintain current knowledge of the legal developments in -The department of corrections for post any changes in policy based on legislative
constitutional, statutory, and case law, to perform the job updates to the department of corrections intranet.
duties of a probation officer effectively CP-211.10 - avoid obtaining legal knowledge from an official sources such as newspapers,
television, radio, unofficial websites, and word-of-mouth (pg9)
The most recognize types of liability are... Criminal and civil (Pg12)
Criminal liability Occurs when the court find a person guilty of committing a crime, sentencing him or her
to incarceration or other penalties (Pg9)
Civil liability Responsibility for a wrongful act or an omission that injures a person or property and
most often involves negligence. (Pg9)
Tort A civil wrong in which the action or in action of a person or entity violates the rights of
another person or entity I can serve as grounds for a lawsuit.
- can be intentional or unintentional. The difference is intent (pg9)
Negligence Failure to use do or reasonable care in a situation that results in harm to another (Pg 12)
Omission Means neglecting to perform with the law or duty requires (pg13)
Elements of civil negligence 1. A duty to act with care
2. Breach of the duty to act
3. Causation or proximate cause
4. Damages (Pg13)
Duties may be... General or specific (Pg13)
