Correctional Probation Legal - Flashcards
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Questions and Answers

Which of the following is not one of the three major components of the Criminal Justice System?

  • Law Enforcement
  • Court System
  • Probation Services (correct)
  • Corrections
  • Which of these law enforcement agencies may a probation officer interact with? (Select all that apply)

  • Local Police Departments (correct)
  • Florida Highway Patrol (correct)
  • State Department of Transportation
  • Federal Bureau of Investigation (correct)
  • What are the levels of the Court System in Florida? (Select all that apply)

  • County Court (correct)
  • United States Supreme Court (correct)
  • Florida Department of Corrections
  • United States District Courts (correct)
  • Which of the following are components of the Florida Correctional System? (Select all that apply)

    <p>State Institutions and Facilities</p> Signup and view all the answers

    What is the correct order in the sequence an offender undergoes from the time of arrest to disposition?

    <p>Arrest, First Appearance, Arraignment, Pretrial, Trial, Judgment, Sentencing</p> Signup and view all the answers

    The process of intake of an offender includes ______.

    <p>Probation Intake</p> Signup and view all the answers

    What is the definition of 'Chain of Command'?

    <p>A connection or link of authority and responsibility that joins one level of an organization to another.</p> Signup and view all the answers

    Define 'Ethics' in the context of law enforcement.

    <p>The principles of integrity, loyalty, morality, and accepted rules of conduct that govern an individual or group.</p> Signup and view all the answers

    CJSTC stands for 'Criminal Justice Standards and Training Commission'.

    <p>True</p> Signup and view all the answers

    An 'Admission' is defined as a ______.

    <p>confession, statement or acknowledgment made by a party which could be offered against that party in court.</p> Signup and view all the answers

    What does the term 'Bribery' mean?

    <p>Corruptly giving, offering, or promising any person; or requesting, soliciting, accepting, or agreeing to accept any benefit with intent to influence.</p> Signup and view all the answers

    Match the legal terms to their definitions:

    <p>Custody = The retention, care, or keeping of something or someone. Confiscate = Appropriate property taken or seized for a violation of law. Defense Attorney = A lawyer who represents a defendant in a civil or criminal case. Burden of Proof = A party's duty to prove a disputed assertion or charge.</p> Signup and view all the answers

    What are the consequences of unethical behavior by an officer?

    <p>Dismissal, Suspension, Demotion, Loss of Certification, Reduction In Salary, Civil Fine, Criminal Penalties, Restitution, Public Reprimand, Loss of Retirement Benefits.</p> Signup and view all the answers

    What are examples of unethical officer behaviors?

    <p>Dishonesty, Brutality, Prejudice, Favoritism, Offering or Accepting Gratuities or Bribes.</p> Signup and view all the answers

    What is Direct Examination?

    <p>The first questioning of a witness in a trial conducted by the party who called the witness</p> Signup and view all the answers

    What is Discovery in legal terms?

    <p>The process of compulsory disclosure of information related to litigation</p> Signup and view all the answers

    What does Disposition refer to?

    <p>The final settlement of a matter with reference to decisions announced by court.</p> Signup and view all the answers

    What is Due Process?

    <p>The legal protection which observes rules for the protection and enforcement of individual rights and liberties.</p> Signup and view all the answers

    What constitutes Evidence?

    <p>Testimony, writings, or material objects offered in proof of an alleged fact.</p> Signup and view all the answers

    The Exclusionary Rule allows evidence obtained illegally to be used in court.

    <p>False</p> Signup and view all the answers

    What does Ex Post Facto mean?

    <p>A law that applies retroactively in a way that negatively affects a person's rights.</p> Signup and view all the answers

    Define Felony.

    <p>Any criminal offense punishable by death or imprisonment in a state penitentiary in excess of one year.</p> Signup and view all the answers

    What is Forfeiture?

    <p>The loss of some right or property as a penalty for an illegal act.</p> Signup and view all the answers

    Define Grand Jury.

    <p>An investigative body that decides whether there is sufficient evidence to hold an accused for trial.</p> Signup and view all the answers

    What is the purpose of a Hearing?

    <p>A judicial session for deciding issues of fact or law, with witnesses testifying.</p> Signup and view all the answers

    What does Hearsay mean in legal terms?

    <p>Testimony based on what others have said rather than personal knowledge.</p> Signup and view all the answers

    What is Hearsay Evidence?

    <p>Any statement made out of court by someone other than the person testifying.</p> Signup and view all the answers

    Define Indictment.

    <p>A formal criminal charge filed by the grand jury.</p> Signup and view all the answers

    What is an Informant?

    <p>An undisclosed person who provides confidential information about a law violation.</p> Signup and view all the answers

    What is Information in legal terms?

    <p>A formal criminal charge filed by the state attorney.</p> Signup and view all the answers

    Define Inmate.

    <p>Any person committed to the custody of the Department of Corrections.</p> Signup and view all the answers

    What does Intent refer to?

    <p>The state of mind accompanying an act, especially a forbidden act.</p> Signup and view all the answers

    What does it mean to Interrogate?

    <p>To accumulate evidence from suspects by questioning.</p> Signup and view all the answers

    What is the role of a Judge?

    <p>A public official appointed or elected to hear and decide legal matters in court.</p> Signup and view all the answers

    Define Jurisdiction.

    <p>The scope over which an authority extends.</p> Signup and view all the answers

    What is a Jury?

    <p>A body of citizens sworn to deliver a true verdict upon evidence submitted to them in a trial.</p> Signup and view all the answers

    What is Mens Rea?

    <p>Criminal intent or a mental state of mind required for criminal liability.</p> Signup and view all the answers

    What are Miranda Rights?

    <p>Constitutional rights of an arrested individual to remain silent and have an attorney.</p> Signup and view all the answers

    Define Misdemeanor.

    <p>Any criminal offense punishable by up to one year of imprisonment.</p> Signup and view all the answers

    What is Modus Operandi?

    <p>A method of operating or doing things, often used to describe a criminal's pattern of activity.</p> Signup and view all the answers

    What is Nole Contendere?

    <p>A plea in which the defendant does not admit nor deny the charges.</p> Signup and view all the answers

    What does Nolle Prosequi mean?

    <p>A legal notice stating that a lawsuit or prosecution has been dismissed.</p> Signup and view all the answers

    Define Noncriminal Violation.

    <p>An offense punishable only by a fine or other civil penalty, not a crime.</p> Signup and view all the answers

    What is an Ordinance?

    <p>A law enacted by a municipal or county government enforceable as local law.</p> Signup and view all the answers

    Who are Parties To The Crime?

    <p>Individuals who share or participate with another in a venture with shared risks.</p> Signup and view all the answers

    What is Perjury?

    <p>Making a false statement under oath in an official proceeding.</p> Signup and view all the answers

    What is Probable Cause?

    <p>A reasonable ground to suspect that a person has committed a crime.</p> Signup and view all the answers

    Define Prosecution.

    <p>A criminal proceeding in which an accused person is tried.</p> Signup and view all the answers

    What does Reasonable Doubt mean?

    <p>Doubt based on reason arising from the evidence or lack of evidence.</p> Signup and view all the answers

    Define Restitution.

    <p>The restoring of property to a victim for damage or loss caused by the defendant.</p> Signup and view all the answers

    What does Search refer to in legal terms?

    <p>Looking for or seeking out concealed items or evidence.</p> Signup and view all the answers

    What does Seizure mean?

    <p>The act of taking possession of property or evidence.</p> Signup and view all the answers

    What is Sentencing Authority?

    <p>The entity that has the statutory authority to supervise offenders.</p> Signup and view all the answers

    Study Notes

    Criminal Justice System Overview

    • Three major components: Law Enforcement, Court System, Corrections.

    Law Enforcement Interaction

    • Probation officers interact with multiple agencies such as local police, county sheriff's office, Florida Highway Patrol, and federal agencies like FBI and ICE.

    Court System Structure

    • Levels include United States Supreme Court, District Court of Appeals, U.S. District Courts, Florida Supreme Court, Circuit Courts, and County Courts.

    Florida Correctional System

    • Comprised of municipal jails, county correctional facilities, state institutions, treatment centers, community corrections, and Florida Parole Commission.

    Types of Correctional Facilities in Florida

    • Include major institutions, community correctional centers (work release), road prisons, forestry camps, work camps, probation and restitution centers, drug treatment centers, contract facilities, and boot camps.

    Criminal Process Sequence

    • Arrest → First Appearance → Arraignment → Pretrial → Trial → Judgment → Sentencing.

    Offender Intake Process

    • Involves probation intake, assignment to the appropriate officer, initial instructions, and data entry.

    Organizational Structure

    • Chain of command connects authority and responsibility between organizational levels.

    Criminal Justice Standards and Training Commission (CJSTC)

    • Aims to improve training, ensure job-related standards, and enhance professionalism of law enforcement and correctional officers.

    Responsibilities of CJSTC

    • Establishes uniform standards for employment and training, maintains training programs, certifies officers, administers sanctions for violations, conducts studies, and maintains training records.

    Certification Requirements

    • Minimum standards for becoming a certified probation officer in Florida established under Section 943.13, F.S.

    Criminal Justice Professionalism Program

    • Supports the CJSTC in executing its responsibilities and enhancing the professionalism in criminal justice.

    State Officer Certification Examination (SOCE)

    • Required for certification; must be passed within three attempts after completing a basic recruit program.

    Certificate Revocation Reasons

    • Include failure to maintain good moral character, felony convictions, false statements, and executing false affidavits.

    Domestic Violence Penalties for Officers

    • Violation upon conviction leads to misdemeanor status but excludes certain official duties under specific conditions.

    Federal Law on Domestic Violence

    • Public Law 104-208 prohibits individuals convicted of domestic violence misdemeanors from possessing firearms.

    Code of Conduct for Corrections Officers

    • Emphasizes integrity, professionalism, respect, and a commitment to public safety and ethical standards.

    Oath of Allegiance

    • Sworn commitment to uphold the constitutions of the U.S. and Florida, obey lawful orders, and serve the public faithfully.

    Ethics in Law Enforcement

    • Governed by principles of integrity, loyalty, and morality; essential for maintaining public trust.

    Consequences of Unethical Behavior

    • Reflect negatively on the entire profession, risking disciplinary actions such as dismissal or loss of certification.

    Examples of Unethical Officer Behavior

    • Includes dishonesty, brutality, favoritism, and violations of laws or ethical standards.

    Definition of Gratuity and Bribery

    • Gratuity is a value given for authority-related benefits; bribery involves corrupt solicitation or acceptance to influence actions.

    Obstruction of Justice Defined

    • Actions that impede an officer's legal duties or processes.

    Penalties for Officer Misconduct

    • May result in dismissal, suspension, demotion, and civil or criminal penalties.

    Professional Relationships and Conduct

    • Officers must avoid personal relationships with offenders, with specific legal ramifications for misconduct.

    Professionalism in Law Enforcement

    • Defined by behavior, respectful interactions, ethical decision-making, and commitment to community service.
    • Covers state correctional systems, parole, probation, and community control laws.

    Florida Administrative Code (Chapter 33)

    • Governs care, custody, and control of inmates, oversees correctional facilities' operation, and provides resources for sentencing.

    Probation Officer Conduct Regulations

    • Mandates reporting of criminal charges, adherence to appearance standards, and compliance with investigation queries.
    • Includes admission, absconder status, accessory after the fact, affidavit, appeal processes, bail, burden of proof, and more.
    • Concepts like confessions, evidence, exclusionary rule, and penalties for felonies illustrate the complexities of the judicial system.### Legal Terminology Study Notes

    • Hearing: A public judicial session aimed at resolving legal or factual issues, where witnesses provide testimonies.

    • Hearsay: Testimony from a witness about what others have said, reliant on the credibility of those third parties rather than personal knowledge.

    • Hearsay Evidence: Statements made outside of court by individuals not testifying in court, used to prove or disprove assertions made during trial.

    • Indictment: A formal accusation of a crime, issued by a grand jury.

    • Informant: An anonymous source that provides confidential information regarding criminal activity to law enforcement.

    • Information: A formal charge initiated by a state attorney against an individual accused of a crime.

    • Inmate: An individual who is incarcerated under the custody of the Department of Corrections.

    • Intent: The mental state or purpose behind an act, especially pertinent to illegal actions.

    • Interrogate: The process of questioning suspects to gather evidence.

    • Judge: An appointed or elected official responsible for deciding legal matters in court settings.

    • Jurisdiction: The extent of authority or control an entity has over specific legal matters or geographical regions.

    • Jury: A group of citizens sworn to provide an impartial verdict based on trial evidence.

    • Mens Rea (Guilty Mind): The intention or knowledge of committing a crime, necessary for establishing criminal liability.

    • Miranda Rights: Constitutional protections afforded to individuals upon arrest, including the right to remain silent and to have legal representation.

    • Misdemeanor: A minor criminal offense punishable by less than one year of imprisonment in a county jail, excluding municipal ordinance violations.

    • Modus Operandi: The distinctive manner or methodology employed by a criminal during their illicit activities.

    • Nole Contendere/Nolo (No Contest): A plea where the defendant does not admit to or deny the charges, effectively accepting the consequences without confessing guilt.

    • Nolle Prosequi/Nolle (Unwilling To Prosecute): A legal term indicating the dismissal of a lawsuit or prosecution by the prosecutor.

    • Noncriminal Violation (Infraction): Minor offenses punishable only by fines or civil penalties, not classified as crimes under state law.

    • Ordinance: Legislation enacted by local governments, functioning as local law.

    • Parties To The Crime: Individuals involved in a criminal act together, sharing risks and responsibilities.

    • Perjury: The act of providing false statements under oath, which can be classified as a misdemeanor or felony based on circumstances.

    • Probable Cause: A reasonable basis for suspecting that a crime has been committed or is in progress, or that evidence of a crime is present in a location.

    • Prosecution: The legal proceedings against an accused individual in a criminal court.

    • Reasonable Doubt: A standard of proof in criminal cases where doubts arise from evidence or a lack thereof.

    • Restitution: The process of compensating a victim for losses incurred due to a crime, which may include both monetary and non-monetary forms of restitution.

    • Search: The act of examining a person’s property or person for evidence or contraband that is typically hidden.

    • Seizure: The act of taking possession of property or evidence related to a crime as part of law enforcement operations.

    • Sentencing Authority: The body empowered to impose penalties or supervise offenders in accordance with the law, typically a circuit court or parole commission in Florida.

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    Test your knowledge of the three major components of the criminal justice system, including law enforcement, court systems, and corrections. This quiz focuses on the interactions probation officers have with various law enforcement agencies. Ideal for students at the Pat Thomas Law Enforcement Academy.

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