TMAS 1 STUDY GUIDE
1st Amendment - Answer -Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment - Answer -Protection against Unreasonable Search and Seizure
5th Amendment - Answer -Freedom from self-incrimination and freedom from being
tried twice for the same crime
6th Amendment - Answer -The right to a Speedy Trial by jury, right to be told of
charges when arrested, Right to impartial jury, confront witness, to counsel
8th Amendment - Answer -Freedom from: Excessive bail, and cruel and unusual
punishments
14th Amendment - Answer -Basic right of a defendant in a judicial proceeding
The requisites for trial (Due process)
Right to equal protection of the laws
Criminal Justice System components - Answer -Law enforcement, judicial, corrections
Constitutionally protected rights - Answer -The basic rights and freedoms protected by
the U.S. Constitution and its amendments apply to all individuals in the United States
regardless of citizenship status
Judicial System - Answer -Provide due process of the law, rendering fair judgements,
dispensing just punishment, and assuring victim's rights
Judicial Process begins? - Answer -once an offender has been arrested or indicted for
a crime
Corrections Objectives: - Answer -- Confining prisoners
- Rehabilitating prisoners
- Supervising parolees and probationers in the community
- Assuring victim's rights
Parole and Probation - Answer -The primary role of both parole and probation is to
protect the community from future criminal acts of individuals who have been convicted
of a crime, imprisoned and subsequently released back into the community
Parole vs. Probation - Answer -Parole is a conditional release from a state prison which
allows an individual to serve the remainder of a sentence.
,Probation is the suspension of the imposition or execution of a sentence and the order
(by the court) of conditional and revocable release in(to) the community. Penal Code
Section 1203), a sentencing option for an individual convicted of a criminal offense.
Community Policing - Answer -Address the causes of crime
Address the fear or perception of crime
Improve the overall quality of life in the community
CAPRA? - Answer -Clients
Acquire and Analyze Information
Partnerships
Response
Assessment
Implicit Bias - Answer -Unconscious thoughts and feelings that may influence an
individual's perceptions, decisions, and actions
Three origins of law - Answer -Constitutional Law
Statutory Law
Case Law
Constitutional Law - Answer -law that involves the interpretation and application of the
U.S. Constitution and state constitutions
Statutory Law - Answer -The body of law enacted by legislative bodies. All crimes are
statutory in California. TO be enforceable a law must be written as well as a
punishment.
Case Law - Answer -Based upon previous appellate court decisions that are binding on
lower court decisions (Based on old cases). Purpose is to: interpret constitution and
clarify statutes.
Letter of the Law - Answer -Law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation
Spirit of the Law - Answer -Law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice and not solely in literal compliance with
the words of the statute. EX: Giving a warning
Criminal Law - Answer -Violations of the criminal statutes. Such violations are called
crimes and are considered public wrongs against all the people of California.
Purpose of Criminal Law - Answer -Punishment which may include death,
incarceration, fines payable to the city, country, state, or nation
, Civil Law - Answer -Noncriminal violations of the law or private wrongs committed by
one person against another. A civil wrong is called a tort or in the case of failure to
comply with the terms of a contract, a breach of contract
Purpose of Civil Law - Answer -Redress or in other words: Right a wrong.
Elements of a Crime - Answer -Basic facts that must be proven by the prosecution to
sustain a conviction, if any element is missing, that particular crime is not complete.
Intent - Answer -All crimes require criminal intent which means a mental state or frame
of mind that the person knowingly did the particular criminal act
General Intent Crimes - Answer -Intent is presumed and does not have to be proven
Specified Intent Crimes - Answer -An element of the offense that must be proven, ex:
Burglary or kidnapping for ransom
Transferred Intent - Answer -An unlawful act affects a person other than, or in addition
to, the person it was intended to affect.
Attempt to commit a crime - Answer -• intent to commit that crime
• a direct, but ineffectual, act done toward its commission
Criminal Negligence - Answer -failure to exercise ordinary care
Crimes are classified into three groups according to the seriousness of the offense.
They are: - Answer -Felonies, Misdemeanors, and Infractions
Felony - Answer -A serious crime punishable by a fine and/or imprisonment in state
prison, death, or removal from office PC 17
Misdemeanor - Answer -A crime of lesser gravity than a felony, punishable by a fine
and/or imprisonment in a county jail PC 19
Wobbler - Answer -A crime that can be punished either as a felony or misdemeanor
Infraction - Answer -A public offense punishable by only a fine
Principals - Answer -All persons involved in the commission of a felony or
misdemeanor, whether present or absent, and whether they directly commit the act
constituting the offense or aid in it
Accessory - Answer -Anyone who has knowledge that the principal has committed, has
been charged with, or has been convicted of committing a felony. Harbors, conceals, or
aids a principle in the felony. Has the intention of assisting the principal to avoid or
escape arrest, trial, or conviction/punishment.
1st Amendment - Answer -Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment - Answer -Protection against Unreasonable Search and Seizure
5th Amendment - Answer -Freedom from self-incrimination and freedom from being
tried twice for the same crime
6th Amendment - Answer -The right to a Speedy Trial by jury, right to be told of
charges when arrested, Right to impartial jury, confront witness, to counsel
8th Amendment - Answer -Freedom from: Excessive bail, and cruel and unusual
punishments
14th Amendment - Answer -Basic right of a defendant in a judicial proceeding
The requisites for trial (Due process)
Right to equal protection of the laws
Criminal Justice System components - Answer -Law enforcement, judicial, corrections
Constitutionally protected rights - Answer -The basic rights and freedoms protected by
the U.S. Constitution and its amendments apply to all individuals in the United States
regardless of citizenship status
Judicial System - Answer -Provide due process of the law, rendering fair judgements,
dispensing just punishment, and assuring victim's rights
Judicial Process begins? - Answer -once an offender has been arrested or indicted for
a crime
Corrections Objectives: - Answer -- Confining prisoners
- Rehabilitating prisoners
- Supervising parolees and probationers in the community
- Assuring victim's rights
Parole and Probation - Answer -The primary role of both parole and probation is to
protect the community from future criminal acts of individuals who have been convicted
of a crime, imprisoned and subsequently released back into the community
Parole vs. Probation - Answer -Parole is a conditional release from a state prison which
allows an individual to serve the remainder of a sentence.
,Probation is the suspension of the imposition or execution of a sentence and the order
(by the court) of conditional and revocable release in(to) the community. Penal Code
Section 1203), a sentencing option for an individual convicted of a criminal offense.
Community Policing - Answer -Address the causes of crime
Address the fear or perception of crime
Improve the overall quality of life in the community
CAPRA? - Answer -Clients
Acquire and Analyze Information
Partnerships
Response
Assessment
Implicit Bias - Answer -Unconscious thoughts and feelings that may influence an
individual's perceptions, decisions, and actions
Three origins of law - Answer -Constitutional Law
Statutory Law
Case Law
Constitutional Law - Answer -law that involves the interpretation and application of the
U.S. Constitution and state constitutions
Statutory Law - Answer -The body of law enacted by legislative bodies. All crimes are
statutory in California. TO be enforceable a law must be written as well as a
punishment.
Case Law - Answer -Based upon previous appellate court decisions that are binding on
lower court decisions (Based on old cases). Purpose is to: interpret constitution and
clarify statutes.
Letter of the Law - Answer -Law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation
Spirit of the Law - Answer -Law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice and not solely in literal compliance with
the words of the statute. EX: Giving a warning
Criminal Law - Answer -Violations of the criminal statutes. Such violations are called
crimes and are considered public wrongs against all the people of California.
Purpose of Criminal Law - Answer -Punishment which may include death,
incarceration, fines payable to the city, country, state, or nation
, Civil Law - Answer -Noncriminal violations of the law or private wrongs committed by
one person against another. A civil wrong is called a tort or in the case of failure to
comply with the terms of a contract, a breach of contract
Purpose of Civil Law - Answer -Redress or in other words: Right a wrong.
Elements of a Crime - Answer -Basic facts that must be proven by the prosecution to
sustain a conviction, if any element is missing, that particular crime is not complete.
Intent - Answer -All crimes require criminal intent which means a mental state or frame
of mind that the person knowingly did the particular criminal act
General Intent Crimes - Answer -Intent is presumed and does not have to be proven
Specified Intent Crimes - Answer -An element of the offense that must be proven, ex:
Burglary or kidnapping for ransom
Transferred Intent - Answer -An unlawful act affects a person other than, or in addition
to, the person it was intended to affect.
Attempt to commit a crime - Answer -• intent to commit that crime
• a direct, but ineffectual, act done toward its commission
Criminal Negligence - Answer -failure to exercise ordinary care
Crimes are classified into three groups according to the seriousness of the offense.
They are: - Answer -Felonies, Misdemeanors, and Infractions
Felony - Answer -A serious crime punishable by a fine and/or imprisonment in state
prison, death, or removal from office PC 17
Misdemeanor - Answer -A crime of lesser gravity than a felony, punishable by a fine
and/or imprisonment in a county jail PC 19
Wobbler - Answer -A crime that can be punished either as a felony or misdemeanor
Infraction - Answer -A public offense punishable by only a fine
Principals - Answer -All persons involved in the commission of a felony or
misdemeanor, whether present or absent, and whether they directly commit the act
constituting the offense or aid in it
Accessory - Answer -Anyone who has knowledge that the principal has committed, has
been charged with, or has been convicted of committing a felony. Harbors, conceals, or
aids a principle in the felony. Has the intention of assisting the principal to avoid or
escape arrest, trial, or conviction/punishment.
