MPOETC Final Exam Questions & Answers With Complete Solution

What statute allows citizens to use force? - Answer > 505 What statute allows law enforcement to use force? - Answer > 508 Statute of Limitations - Answer > Time you were made aware of charges What are the four types of culpability? - Answer > Intentionally > Knowingly > Recklessly > Negligently What is not a defense of culpability? (304) - Answer > Ignorance of the law > Voluntary intoxication/drugged What is a defense for culpability? - Answer > Duress > Insanity > Guilty but mentally ill > Involuntary intoxication What types of encounters does law enforcement have with the public? - Answer > Mere encounter > Investigatory detention > Custodial detention/arrest What type of proof do you need for an investigatory detention? - Answer > Reasonable suspicion What type of proof do you need for a custodial detention? - Answer > Probable Cause What are the three components of the Criminal Justice System? - Answer > Law enforcement > Courts > Corrections Level of Government - Answer > Local/municipal > County > State > Federal Courts (court system) - Answer > Local (minor courts) > Court of common pleas (appeals from minor cases) > Commonwealth court (state court) > Superior court > Supreme court > Federal court Initial Appearance (preliminary arraignment) - Answer > Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing - Answer > show the court the prosecution has a "prima facie" case (on the surface it warrants putting the defendant through a prosecution & using the state's resources to pursue the matter) Formal Arraignment - Answer > Defendant hears charges to be tried & enters plea > if plead guilty or solo contenders (no contest) may have a hearing to determine penalty or may go immediately to sentencing stage > defendant may plea "not guilty" then the case proceeds to next level Common Pleas Court (criminal court) - Answer > Trial by jury > Trials have two primary stages: - presentation of prosecution - presentation of defense, if defendant elects to do so Bail - Answer > A bond to insure the appearance of the defendant in court if they are not to be held in custody until trial ROR ( released on recognizance) - Answer > Their word they will appear in court is their bond PA is the only state in which the grand jury has what? - Answer > No authority to indict Pre-motion Trial - Answer > These motions may address the admissibility of evidence, or venue changes > In this stage the plea negotiations most likely will take place or diversionary programs such as Accelerated Rehabilitative Disposition What are the three eras of policing? - Answer > Political era > Reform era > Community era Political Era - Answer > Police often obtained their job as favors by politicians to constituents who had financially backed them > Ex. big buff male would get job) Reform Era - Answer > Narrowed police function to crime control/reactive, incident driven police service > Ex. DARE program Community Era - Answer > We are currently in this era > Develop a sense of lawfulness in our society > We want their input, we want them to invest in their community police agency (partnership) S.A.R.A Model - Answer > Scanning > Analysis > Response > Assessment Crime Triangle - Answer > Offender > Place > Target/victim Discretion - Answer > The right to choose what should be done in a particular situation; the quality of showing discernment or good judgement Summons - Answer > M-2 or lower > Obey the summons > No threat to self or others Warrant - Answer > Murder, felony or M1 > Disobey summons > Threat to self or other If an individual is issued a summons but does not obey it then what should the officer do? - Answer > Request for a warrant Rule 519 - Answer > Decides if you will go to jail or not Schedule Date & Time of Preliminary Hearings - Answer > In jail (couldn't make bail): 3-14 days > Out of jail (could make bail): within 21 days What has no bail? - Answer > Life/death sentence > Murder > Capital crimes Prima Facie - Answer > Was there a crime committed > The victim is saying that it was committed > There is an actor who committed it Rule 600 - Answer > Guarantees the right to a speedy trial for all criminal defendants; the Commonwealth (District Attorney) is required to bring a criminal defendant to trial > If person is out of jail: 365 days > If person is in jail: 180 days ** if not met within 180 days, person is released on conditions;ex. halfway house, programming) What is the retrial period for an individual in jail and a mistrial takes place? - Answer > 120 days Four Sources of Law Governing Police Officers Power to Arrest - Answer > 4th Amendment > Article 1 Section 8 (PA) > Case Law (US & PA court decision) > Statutory Law (PA rules of criminal procedure) What is the minimum legal proof necessary to justify the seizure of a person by lawful authority? - Answer > Probable cause 4 Corner Rule - Answer > If it's not in the affidavit it DOES NOT count Sources of Probable Cause - Answer > Observation made through officers senses > Reliable info that the officer received from others > Info that the officer receives through investigation What are the two clauses that fall under the 4th amendment? - Answer > Privacy clause > Warrant clause Privacy Clause - Answer > People have the right to be secure (feel safe) in their persons (arrest), houses (home), papers & effects from unreasonable searches & seizures > Only prohibits unreasonable searches Warrant Clause - Answer > Warrant must be: - based on probable cause - supported by oath or affirmation (judicial authority to sign off; judge/magistrate) - describe place to be search - describe person or item(s) to be seized May seize 5 categories of items in a search incident to arrest - Answer > Fruit of a crime (anything gained; money) > Instruments of crime (fun, knife, bat) > Contraband (anything illegal/drugs) > Other evidence of a crime (clothing) > Any item the suspect may use to hurt himself/others while in custody (belt, keys, shoe laces) Abandoned Property - Answer > Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris) Abandonment Example - Answer > Two people talking, they see the police, get nervous, run & drop bag; officer looks in bag & finds drugs > Arrest is good b/c abandonment (on own free will) Forced (coerced) Abandonment - Answer > When an officer chases a person w/o probable cause or reasonable suspicion, a "seizure" occurs; property which the person discards while fleeing under such circumstances is the fruit of that unlawful seizure & is subject to suppression Forced Abandonment Example - Answer > Two people talking, officer stated "hey come here", & they take off running & drop bag; officer looks in & finds drugs > Arrest is not good b/c of forced coercion Commonwealth v. Gary - Answer > Permitted to search vehicle w/ probable cause to stop vehicle > Independent probable cause separate from the traffic stop > Independent probable cause that evidence of a crime or contraband is in the vehicle Justification for a Detention - Answer > Flight > High Crime Area > Officer's Experience > Tips > Anonymous Tips > Combined, these justifications create justifications Grading - Answer > The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released & summoned or an arrest warrant must be filed for prior to arrest Tolling - Answer > A legal doctrine the allows for the pausing or delaying of the running of the period of the time set forth by a statute of limitations