MPOETC Study Guide Questions Answered 100% correct

MPOETC Study Guide Questions Answered 100% correct Ethical Decision Making Test Is my decision legal? Would my family approve? Am I following the golden rule? What would I do if I were being videotaped? Primary Jurisdiction Your municipality or a combination of municipalities 5th Amendment Guarantees the right against self incrimination, right to due process, compensation for public taking of private property Miranda v. Arizona Comes from 5th Amendment. *Court case is on the test but I forget how its asked 6th Amendment Guarantees right to speedy trial, right to counsel, and be confronted by the witnesses against you 7th Amendment Guarantees the right to jury by trial and established the prohibition of "double jeopardy" 8th Amendment Guarantees right to bail and excludes cruel and unusual punishment Civil Laws Custody/ child support Landlord/ tenant disputes Money not criminal Statutes Laws enacted by the legislature Codification Process of organizing laws Juvenile Justice Same as adult but purpose is to rehabilitate Beyond a reasonable doubt Criminal Beyond a preponderance of evidence Civil Four types of criminal intent Intentionally, Knowingly, Recklessly, and Negligently Intoxication or drugged condition Subsection 308 Not an excuse to a criminal charge unless murder charge. Makes it a lesser degree Criminal Conspiricy Subsection 903 Must have an agreement and a overt act Possessing Instrument of Crime Subsection 907 An instrument that can be used to commit a crime Gradings of Crime Summary Misdemeanor Felony Murder (differences of degree) 1st- intentional killing 2nd- murder during the act of committing a felony 3rd- If not first or second its 3rd * Good info to know but not on exam Elements of Harassment Intent to harass Summary or misdemeanor Stalking Place someone in fear of bodily injury or to cause substantial emotional distress Misdemeanor or felony Can you be convicted of burglary and the underlying offense? No unless underlying offense is a felony of 1st or 2nd degree *Burglary and Robbery are key statutes to know!!! Criminal Trespass Section 3503 No intent to commit a crime Robbery Section 3701 Theft or attempted theft Assault or attempted assault Theft by deception Section 3922 Someone asks you to donate money to a corporation or charity and you pocket the money Theft of property, lost, mislaid, or delivered by mistake Section 3924 Finders keepers is not the law Retail Theft Section 3929 Take property that is being offered for sale by the store Theft of leased property Section 3932 You rent a car and don't return it Forgery Section 4101 Altering writing a check Printing your own money or checks Bad Checks Section 4105 Writing a check, knowing you don't have the money to cover costs False reports to law enforcement authorities Section 4906 Implicate somebody else for a crime Reporting a crime that didn't happen Burning your car and reporting it stolen Hindering apprehension or prosecution Section 5105 An accessory to someone to committed a crime. Have to know they committed a crime Disorderly Conduct Section 5503 Intentionally or recklessly causing public inconvenience Summary offense or M3 if they intent to cause serious inconvenience Loitering and prowling at night time Section 5506 Peeping toms Persons not to possess, use, manufacture, control, sell or transfer firearms Anyone convicted of a felony If you were convicted of simple assault you can still possess a firearm No waiting time in PA Purpose of Title 18 Forbid or prevent conduct that harms people without justification Totality of Circumstances Examination of all the facts going into an arrest Three sources of Facts and Circumstances which can be used to establish Probable Cause for arrest Observation made by the officer Receiving information that the officer receives from others Ex. statements from witnesses Info that the officer receives through investigation Types of Warrants Body Warrant Warrant for fine and cost Duplicate Warrant Re-issued warrant John Doe warrant Bench Warrant *Also not on the test but good to know Custodial Detention An arrest Stop and Frisk Rule Outer layer of clothing, no pockets or schoolbags ARD DUI's and misdemeanor offenses Issuance of a Citation Officer has 5 days, defendant has 10 days Issuance of a Warrant When citation or summons is returned undelivered. Bench warrant received when citation or summons was given personally or by mail and has failed to appear for an execution of a sentence. Withdrawal of Charges in Summary Cases Officer can use discretion and withdrawal any number of citations before the closing of a summary trial Notice of Appeal Judge must notify defendant of their right to appeal. Trial de novo Instituting Proceedings in Court Cases Filing a written complaint or an arrest without a warrant Types of Release on Bail ROR Non-monetary Unsecured Bail Monetary Condition Nominal Bail Preliminary Arraignment First step in criminal justice system. Charges and evidence are brought forward to the court. Defendant must have prelim arraignment within a reasonable amount of time. Burden of proof is prima facie Information, Filing, Contents, Function Defendant is formally charged with criminal offenses Who holds the burden of proof in a criminal proceeding? Prosecution or Commonwealth Guilty Pleas A necessary requirement in CJ system. Expedites the system and saves money and time Terry Frisk Reasonable suspicion that criminal activity is afoot Reasonable suspicion that person is armed and dangerous Purpose: To conduct an investigation safely Power to search and seize comes from? Case Law US Constitution- 4th Amendment PA Constitution- Article 1 Section 8 Criminal Procedure Fruit of the Poisonous Tree Doctrine Illegally seized or found evidence will be suppressed Exceptions to the Exclusionary Rule Inevitable discovery (Nix v Williams) Good faith exception (US v. Leon). NOT IN PA Reasonable Expectation of Privacy On person, in home or business, on curtailage of home, and public place where privacy is implied Factors of Staleness Time lapse between information received and the warrant application To forego a "knock and annouce"? Occupants know police purpose Entry will imperil their safety Evidence is about to be destroyed Abandoned Vehicle Cannot be a pedalcycle Physically inoperable Left unattended for more than 48 hours Left on private property without consent of owner for more than 24 hrs Classic motor vehicle 15 years old that can only be driven once a week Removal of Points 12 consecutive months without any violations, 3 points removed Commercial motor vehicle 26,001 pounds or more Criminal Proceedings shall be instituted by? Issuing a citation Filing a citation Filing a criminal complaint Arresting without a warrant Reports by Emergency Room Personnel Officer must have search warrant for results of blood test Field Sobriety Tests No law requires tests, merely added evidence CLEAN Commonwealth Law Enforcement Assistance Network. Used for vehicle information and driving license information Purpose of foot patrol Deter crime Cover vs. Concealment Cover- deflects projectiles Concealment- no physical protection but hides the officer Chain of Custody Recording evidence from time of commission to court case. Try to transfer number to a minimal Collecting semen and saliva Allow it to dry and put in paper bags Interview Non accusatory conversation Interrogation A conversation accusing the person of committing a crime Interrogation Technique Reid Nine Step Technique MPOETC doesn't believe ______ are important for identifying suspects? Mannerisms Live Line Ups Cannot refuse to participate, minimum of 6 people including suspect, may be required to speak and walk if needed Five different categories of controlled substances: Cannabis Narcotics Stimulants Depressants Hallucinogens Informant Any non-law enforcement person who supplies information revolving criminal activity Difference between witness and informant? Witnesses have no vested interest in the case Four contextual dimensions of communication are: Physical, Social, Psychological, Temporal Cycle of Violence Phases during Domestic Violence Tension Building Explosive Manipulative (Honeymoon stage) Laws of Evidence Rules governing the admissibility of evidence in a court of law Classifications of Evidence Direct or testimonial- evidence given by someone who has first hand information which is derived by that person through one of their five senses Real- physical evidence Demonstrative Evidence- maps, sketches, photos, etc. Circumstantial- indirect evidence or inference Discrediting a witness is known as: Impeachment Positional Asphyxia Subjects chest cannot expand For a person to be taken into custody under an involuntary commitment for an evaluation you must show that they are A danger to themselves or a danger to others