Chapter 3 Legal
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Questions and Answers

Which type of law is primarily concerned with resolving non-criminal private disputes between individuals?

  • Constitutional law
  • Civil law (correct)
  • Criminal law
  • Administrative law

    • What is the primary purpose of administrative law?

  • To interpret the meaning of constitutional provisions
  • To establish the rules of criminal procedure
  • To govern the internal operations of governmental agencies (correct)
  • To resolve disputes between individuals

    • What is the term for a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against someone?

  • Statutory law
  • Jurisdictional authority
  • Legal precedent
  • Cause of action (correct)

    • What is the source of law that is formed by the decisions of the court system?

    <p>Case law</p> Signup and view all the answers

    Which type of law is primarily concerned with punishing individuals who violate criminal laws?

    <p>Criminal law</p> Signup and view all the answers

    What is the term for laws enacted by a governmental entity that apply only within its jurisdiction?

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

    What is the primary purpose of ordinances?

    <p>To regulate conduct within a specific jurisdiction</p> Signup and view all the answers

    What is the term for laws enacted by a state or federal government?

    <p>Statutory law</p> Signup and view all the answers

    What is the primary function of the legislative branch of government?

    <p>Creating laws</p> Signup and view all the answers

    Which clause in the federal Constitution states that federal law generally overrules state and local law when laws conflict?

    <p>The Supremacy Clause</p> Signup and view all the answers

    What type of law is responsible for identifying behaviors deemed unacceptable by society and setting punishments for those behaviors?

    <p>Criminal law</p> Signup and view all the answers

    What is the purpose of ordinances enacted by local governments?

    <p>To regulate matters of narrow application</p> Signup and view all the answers

    What is the primary purpose of laws in the United States?

    <p>To maintain order and protect individual rights</p> Signup and view all the answers

    What is the importance of staying current with case law and agency policies for law enforcement officers?

    <p>To ensure proper application of the law in specific situations</p> Signup and view all the answers

    Which type of law is responsible for upholding standards set forth in the Constitution and court decisions?

    <p>Constitutional law</p> Signup and view all the answers

    What is the significance of understanding federal, state, and local laws for law enforcement officers?

    <p>It helps them to act properly and effectively without infringing on individual rights</p> Signup and view all the answers

    What is the impact of court decisions on law enforcement officers?

    <p>They clarify the meaning of Florida statutes and rules.</p> Signup and view all the answers

    What is the body of law formed by the decisions of the court system?

    <p>Case law</p> Signup and view all the answers

    Why is it essential for law enforcement officers to stay current with case law and agency policies?

    <p>To ensure they perform their duties correctly.</p> Signup and view all the answers

    How do court decisions impact the interpretation of Florida statutes and rules?

    <p>They clarify the meaning.</p> Signup and view all the answers

    What is the primary purpose of the judicial branch in the context of constitutional law?

    <p>To interpret laws and uphold standards set forth in the Constitution</p> Signup and view all the answers

    What is the relationship between state law and federal law in cases of conflict?

    <p>Federal law has priority over state law</p> Signup and view all the answers

    What is the primary function of the Articles of the Constitution?

    <p>To form a contract between the people of the United States and the legislative, executive, and judicial branches of the U.S. government</p> Signup and view all the answers

    What is protected by the U.S. Constitution in the scenario where a woman curses at a law enforcement officer after receiving a ticket?

    <p>The woman's right to freedom of speech</p> Signup and view all the answers

    Which amendment protects an individual's right to a speedy trial, impartial jury, and assistance of counsel?

    <p>Sixth Amendment</p> Signup and view all the answers

    What is the primary purpose of the Fourteenth Amendment?

    <p>Establishes due process and equal protection of the laws</p> Signup and view all the answers

    Which amendment protects individuals against unreasonable search and seizure?

    <p>Fourth Amendment</p> Signup and view all the answers

    Which amendment guarantees the right to free speech, press, assembly, and religion?

    <p>First Amendment</p> Signup and view all the answers

    What is the main purpose of the Fifth Amendment?

    <p>Protects against self-incrimination and guarantees due process</p> Signup and view all the answers

    Which amendment is primarily concerned with protecting individuals from excessive punishment and fines?

    <p>Eighth Amendment</p> Signup and view all the answers

    What is the primary purpose of the Second Amendment?

    <p>Establishes a right to bear arms</p> Signup and view all the answers

    What is the primary focus of the First Amendment?

    <p>Freedom of speech, press, peaceful assembly, and religion</p> Signup and view all the answers

    Which amendment guarantees the right to bear arms?

    <p>The Second Amendment</p> Signup and view all the answers

    What is the main requirement of the Fourth Amendment?

    <p>A warrant signed by an independent magistrate</p> Signup and view all the answers

    What is the primary purpose of the Fifth Amendment?

    <p>Prohibition of compelled self-incrimination</p> Signup and view all the answers

    Which amendment is closely related to law enforcement activities involving stops and arrests?

    <p>The Fourth Amendment</p> Signup and view all the answers

    What is the significance of the Fourth Amendment for law enforcement officers?

    <p>It provides guidance on searches and seizures</p> Signup and view all the answers

    Which amendment is most relevant to law enforcement practices involving the use of force?

    <p>The Fourth Amendment</p> Signup and view all the answers

    What is the primary purpose of statutory law?

    <p>To respond to a perceived need through written and enacted laws</p> Signup and view all the answers

    What is the main difference between criminal law and ordinances?

    <p>Criminal law sets punishments for unacceptable behaviors, while ordinances regulate matters of narrow application</p> Signup and view all the answers

    What is the primary purpose of due process?

    <p>To guarantee the government shall not deprive anyone of the life, liberty, or property of individuals without cause</p> Signup and view all the answers

    What are the two main types of due process?

    <p>Substantive and procedural due process</p> Signup and view all the answers

    What is the purpose of the Sixth Amendment?

    <p>To guarantee the right to a speedy and public trial</p> Signup and view all the answers

    What is the purpose of the Fourteenth Amendment?

    <p>To expand the application of the Bill of Rights to state and local governments</p> Signup and view all the answers

    What is the main goal of due process?

    <p>To ensure that laws are applied fairly and equally to all people</p> Signup and view all the answers

    What is the purpose of the due process clause in the Fourteenth Amendment?

    <p>To protect the privileges and immunities of citizens of the United States</p> Signup and view all the answers

    What is the main difference between the United States and totalitarian dictatorships in terms of personal freedoms?

    <p>The freedom to move about in public places without interference</p> Signup and view all the answers

    What happens as the amount of evidence increases that someone has committed a crime?

    <p>The officer may detain the person, frisk them, or arrest the person and search and seize property</p> Signup and view all the answers

    Why is it important for law enforcement officers to explain their actions to individuals they stop?

    <p>To give the individual a chance to ask questions and understand the situation</p> Signup and view all the answers

    What is the purpose of documenting and explaining legal justifications in law enforcement?

    <p>To prepare for court and explain actions to a judge</p> Signup and view all the answers

    What is the significance of the Fourth Amendment in the context of law enforcement?

    <p>It protects individuals from unreasonable searches and seizures</p> Signup and view all the answers

    What is the main requirement of law enforcement officers during encounters with the public?

    <p>To articulate and explain their actions</p> Signup and view all the answers

    What is the purpose of issuing a search warrant?

    <p>To protect people's rights by issuing a search warrant correctly.</p> Signup and view all the answers

    What is the term for a physical arrest or detention?

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

    What is the requirement for issuing a search warrant?

    <p>Probable cause supported by Oath or affirmation.</p> Signup and view all the answers

    What is the purpose of the Fourth Amendment?

    <p>To protect individuals from governmental intrusion into areas where they have a reasonable expectation of privacy.</p> Signup and view all the answers

    What is the primary requirement to prove a crime has been committed?

    <p>All of the above</p> Signup and view all the answers

    What separates an accident from a crime?

    <p>Criminal intent</p> Signup and view all the answers

    What is required to take some physical action or act toward committing a criminal offense?

    <p>Criminal intent</p> Signup and view all the answers

    What is the term for a fair probability or reasonable grounds to believe that someone committed a crime based on the totality of circumstances?

    <p>Probable cause</p> Signup and view all the answers

    What is the maximum penalty for a first-degree misdemeanor in a county jail?

    <p>One year</p> Signup and view all the answers

    What is the maximum penalty for a second-degree misdemeanor in a county jail?

    <p>60 days</p> Signup and view all the answers

    What is the minimum penalty for a felony?

    <p>More than one year in a state correctional facility</p> Signup and view all the answers

    What is an example of a non-criminal violation?

    <p>Failure to yield the right-of-way</p> Signup and view all the answers

    What is the maximum fine for a second-degree misdemeanor?

    <p>$500</p> Signup and view all the answers

    What is the maximum penalty for a felony of the 2nd degree?

    <p>Up to 15 years of incarceration, a $10,000 fine, or both</p> Signup and view all the answers

    What is the maximum penalty for a misdemeanor of the 1st degree?

    <p>Up to 1 year of incarceration, a $1,000 fine, or both</p> Signup and view all the answers

    What is the classification of a criminal offense that carries a death penalty or life imprisonment without parole?

    <p>Capital felony</p> Signup and view all the answers

    What is the maximum penalty for a felony of the 3rd degree?

    <p>Up to 5 years of incarceration, a $5,000 fine, or both</p> Signup and view all the answers

    What is the classification of a non-criminal violation, such as a traffic infraction?

    <p>Infraction or violation</p> Signup and view all the answers

    What is the maximum penalty for a misdemeanor of the 2nd degree?

    <p>Up to 60 days of incarceration, a $500 fine, or both</p> Signup and view all the answers

    What is the maximum penalty for a 2nd degree felony?

    <p>up to 15 years of incarceration and a $10,000 fine</p> Signup and view all the answers

    What is the classification of a crime that carries a lifetime penalty?

    <p>life felony</p> Signup and view all the answers

    What is the maximum penalty for a capital felony?

    <p>death or life incarceration without possibility of parole</p> Signup and view all the answers

    What is the difference between a 1st degree felony and a life felony?

    <p>life felony is more severe than a 1st degree felony</p> Signup and view all the answers

    What is the classification of a crime that carries a maximum penalty of up to 60 days of incarceration and a $500 fine?

    <p>misdemeanor of the 2nd degree</p> Signup and view all the answers

    What is the maximum penalty for a third-degree felony?

    <p>Up to 5 years in a state correctional facility</p> Signup and view all the answers

    Which type of felony carries a maximum penalty of 30 years in a state correctional facility?

    <p>First-degree felony</p> Signup and view all the answers

    What is the minimum penalty for a life felony?

    <p>Life incarceration in a state correctional facility without the possibility of parole</p> Signup and view all the answers

    What is the highest class of felony?

    <p>Capital felony</p> Signup and view all the answers

    What is the primary reason for enhanced penalties in criminal cases?

    <p>To reflect the seriousness of the offense and the offender's prior criminal history</p> Signup and view all the answers

    Which of the following circumstances may lead to an enhanced penalty?

    <p>Committing a violent offense against a law enforcement officer</p> Signup and view all the answers

    What is the result of an enhanced penalty?

    <p>The offender is sentenced to a longer term of imprisonment</p> Signup and view all the answers

    Which type of crime is likely to result in an enhanced penalty?

    <p>Hate crime</p> Signup and view all the answers

    What is the purpose of enhanced penalties in relation to terrorism?

    <p>To punish individuals who facilitate or further terrorist acts</p> Signup and view all the answers

    How are the Florida Statutes organized?

    <p>By chapters, sections, and subsections</p> Signup and view all the answers

    What is the purpose of subsections in the Florida Statutes?

    <p>To outline the elements of a crime</p> Signup and view all the answers

    What is the significance of using a reliable and current source when referencing the Florida Statutes?

    <p>It ensures that the law is up-to-date and accurate</p> Signup and view all the answers

    What is the purpose of the index in a printed statute book?

    <p>To help navigate the chapters and sections</p> Signup and view all the answers

    What is the difference between chapters and sections in the Florida Statutes?

    <p>Chapters are broad topics, while sections are specific laws</p> Signup and view all the answers

    In a situation where a person intends to shoot one victim but misses and hits another, what theory of criminal liability might apply?

    <p>Transferred intent</p> Signup and view all the answers

    What is the primary element of negligence in criminal liability?

    <p>Failure to behave with reasonable care</p> Signup and view all the answers

    What is the term for the intent to commit a crime and the intent to deprive an owner of something permanently?

    <p>Specific Intent</p> Signup and view all the answers

    Which type of intent is when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act?

    <p>General Intent</p> Signup and view all the answers

    What is the term for when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead?

    <p>Transferred Intent</p> Signup and view all the answers

    Which category of criminal intent involves committing an illegal act with the intention of producing a specified result?

    <p>Specific Intent</p> Signup and view all the answers

    Which category of criminal intent is characterized by a deliberate disregard for the safety of others?

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

    Which category of criminal intent is most closely related to the perpetrator's state of mind?

    <p>Specific Intent</p> Signup and view all the answers

    What is required to prove that a crime has been committed?

    <p>Both a criminal act and criminal intent</p> Signup and view all the answers

    What is the criminal intent category when a person intending to commit a crime accidentally harms someone else?

    <p>Transferred intent</p> Signup and view all the answers

    What is the term for the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances?

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

    What is the criminal intent category when a person engages in risky behavior that they know could cause harm, but they do not intend for it to happen?

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

    What is the term for the criminal intent category that involves a deliberate and intentional decision to commit a crime?

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

    In which criminal intent category is the defendant held liable for the resulting harm, even if they did not intend for it to happen?

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

    What is the number of elements that must be proved in a negligence action to recover damages?

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

    What is the term for the link between the breach of duty and the harm caused?

    <p>Proximate cause</p> Signup and view all the answers

    What is an example of a breach of duty by not taking action?

    <p>Waiting for EMS instead of performing CPR</p> Signup and view all the answers

    What are the two main categories of damages?

    <p>Compensatory and punitive</p> Signup and view all the answers

    What is the term for the failure of some kind to perform a duty?

    <p>Breach of duty</p> Signup and view all the answers

    What is the final element of negligence?

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

    What type of damages are awarded when the jury believes the plaintiff's rights were violated, but there is insufficient proof of measurable financial harm?

    <p>Nominal damages</p> Signup and view all the answers

    What are general damages presumed to result from the defendant's actions?

    <p>Pain and suffering, discomfort, and emotional distress</p> Signup and view all the answers

    What is the primary purpose of punitive damages?

    <p>To punish the defendant for their act and to warn others</p> Signup and view all the answers

    What type of damages are available to the plaintiff for lost earnings and medical expenses?

    <p>Special damages</p> Signup and view all the answers

    What is the purpose of compensatory damages?

    <p>To compensate for actual property damage or injury</p> Signup and view all the answers

    What type of damages are awarded in addition to compensatory damages when the defendant acted with recklessness or malice?

    <p>Punitive damages</p> Signup and view all the answers

    What is the primary purpose of nominal damages?

    <p>To provide a symbolic award when there is no proof of financial harm</p> Signup and view all the answers

    What type of damages include awards for pain and suffering, discomfort, and emotional distress?

    <p>General damages</p> Signup and view all the answers

    What is the term for the behavior that consists of actions or omissions when there is a duty to act?

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

    What is an example of negligence?

    <p>Unintentionally hitting someone while looking at a phone while driving</p> Signup and view all the answers

    What is the primary purpose of negligence law?

    <p>To compensate individuals who have been harmed by others' careless behavior</p> Signup and view all the answers

    Study Notes

    Ordinances and Civil Law

    • Ordinances apply only within the jurisdiction of the governmental entity that enacted them
    • Ordinance violations can be criminal or civil infractions
    • Ordinances cannot conflict with state, federal, or case law

    Civil Law

    • Civil law is a legal action taken to resolve a non-criminal private dispute between individuals
    • Examples of civil law disputes include child custody issues, landlord-tenant disputes, and property boundary issues
    • Civil law does not permit law enforcement action beyond keeping the peace and referring to the appropriate jurisdiction
    • In civil lawsuits, a court-recognized cause of action is required

    Administrative Law

    • Administrative law establishes the operations and procedures of governmental agencies
    • It governs the internal operations of these agencies and ensures they do not abuse their power
    • Examples include Chapter 11B, Florida Administrative Code (F.A.C.), which governs the training and certification of law enforcement officers

    Case Law

    • Case law is the body of law formed by the decisions of the court system
    • Court-imposed decisions are based on the court's interpretation of constitutional provisions and clarify the meaning of a Florida statute or a Florida rule (F.A.C.) as applied to a specific set of facts
    • Court decisions influence how law enforcement officers perform their duties

    Law Systems

    • Laws protect rights, freedoms, and lives, and maintain order, protect ownership of property, regulate businesses, and raise money for state and federal governments
    • The U.S. Constitution outlines the form of government Americans have established and defines the three-branch structure
    • Constitutional law identifies the powers and limitations of each branch of government: legislative, executive, and judicial

    Constitutional Law

    • Constitutional law upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by the Federal District Courts and Supreme Court
    • Florida has its own state constitution, which generally parallels the U.S. Constitution
    • The supremacy clause of the federal Constitution states that when laws conflict, federal law generally overrules state and local law

    Statutory Law

    • Statutory law is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need
    • Statutory law includes criminal, civil, administrative, and regulatory laws
    • Criminal law identifies behaviors deemed unacceptable by society and sets punishments for those behaviors

    Appellate Courts and Precedent

    • An appellate court's ruling, known as a precedent, must be followed unless changed by a higher court.
    • Appellate courts hear and review appeals from lower court cases.

    Jurisdiction and Case Law

    • Each circuit court ruling is binding for that jurisdiction, which can lead to differing case law in neighboring circuits.
    • It's essential to know and follow case law in your jurisdiction.

    Staying Current with Changes

    • Rules and case law can change based on revisions to statutes and their interpretations.
    • Keeping current with changes is crucial to avoid legal issues.
    • Reliable sources for staying current include agency bulletins, legislative updates, and official websites.

    Agency Policies and Procedures

    • Law enforcement agencies establish policies and procedures to guide daily activities and meet specific needs.
    • These policies can be more restrictive than state and federal laws.
    • Familiarity with agency policies and procedures is essential.

    Probable Cause

    • Probable cause is determined by evaluating the totality of circumstances in a case.
    • Examples of probable cause include matching physical descriptions and possession of stolen property.

    Ordinances and Statutory Law

    • Ordinances apply only within the jurisdiction of the enacting governmental entity.
    • Ordinances cannot conflict with state, federal, or case law.

    Civil Law

    • Civil law resolves non-criminal private disputes between individuals.
    • Law enforcement involvement in civil law situations is generally limited to keeping the peace and referrals.

    Administrative Law

    • Administrative law establishes operations and procedures for governmental agencies.
    • It governs internal agency operations and prevents abuse of power.

    Case Law and Court Decisions

    • Case law is formed by court decisions that interpret constitutional provisions and statutes.
    • Court decisions influence law enforcement duties and procedures.

    Constitutional Law

    • The U.S. Constitution outlines the form of government in the United States and defines the three-branch structure of government: legislative, executive, and judicial. • Constitutional law identifies the powers and limitations of each branch of government. • The Constitution upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution.

    Three Branches of Government

    • Legislative branch: responsible for creating laws. • Executive branch: responsible for enforcing laws. • Judicial branch: responsible for interpreting laws.

    Florida State Constitution

    • The Florida Constitution generally parallels the U.S. Constitution. • The Florida Constitution affords Florida residents the same level of rights or greater than they derive from the federal Constitution.

    Supremacy Clause

    • The supremacy clause states that when laws conflict, federal law generally overrules state and local law. • State law can be more restrictive than federal law, but it cannot undermine the federal standard.

    Statutory Law

    • Statutory law is written and enacted by Congress, state legislatures, or local governing authorities. • Statutory law includes criminal, civil, administrative, and regulatory laws.

    Criminal Law

    • Criminal law identifies behaviors deemed unacceptable by society. • Criminal law sets punishments for those behaviors.

    Ordinances

    • Ordinances are laws enacted by a municipal (city) or county government. • Ordinances regulate matters of narrow application, such as curfews for minors, restrictions on the hours when alcohol may be sold, or parking regulations.

    Importance of Agency Policies and Procedures

    • Staying current with agency policies and procedures is crucial for law enforcement officers. • Examples of agency policies and procedures include wearing body cameras, using conducted electrical weapons (CEWs), engaging in vehicle pursuits, maintaining uniform standards, and following arrest procedures.

    U.S. Constitutional Amendments

    • The U.S. Constitution sets parameters within which the government operates and establishes laws. • As a law enforcement officer, your main objective is to protect the constitutional rights of everyone within the United States.

    Articles of the Constitution

    • The Articles of the Constitution form the Constitution's main body. • The Articles spell out the responsibilities and authority of the three branches of government.

    Constitutional Amendments of Special Note

    • Ordinances apply only within the jurisdiction of the governmental entity that enacted them. • Ordinances cannot conflict with state, federal, or case law.

    Civil Law

    • Civil law is the legal action that a person takes to resolve a non-criminal private dispute with another person. • Examples of civil law situations include child custody issues, landlord-tenant disputes, and property boundary issues.

    Administrative Law

    • Administrative law establishes the operations and procedures of governmental agencies. • Administrative law governs the internal operations of these agencies and ensures that they do not abuse their power.

    Case Law

    • Case law is the body of law formed by the decisions of the court system (the judicial branch). • Court decisions influence how law enforcement officers perform their duties.

    Constitution and Amendments

    • The Constitution ensures that all people stand equal before the law and share certain rights.
    • The Bill of Rights (first 10 amendments to the U.S. Constitution) is crucial for law enforcement officers.

    Important Amendments

    • First Amendment: Protects freedom of speech, press, peaceful assembly, and religion.
    • Second Amendment: Guarantees the right to bear arms.
    • Fourth Amendment: Prohibits unreasonable search and seizure, and may require a warrant signed by an independent magistrate (judge).
    • Fifth Amendment: Prohibits compelled self-incrimination, requires grand jury indictment for capital crimes, and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.
    • Sixth Amendment: Establishes a right to a speedy trial, impartial jury, and assistance of counsel.
    • Eighth Amendment: Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines.
    • Fourteenth Amendment: Establishes due process and equal protection of the laws.

    Constitutional Law

    • The Constitution outlines the form of government in the United States and defines the representational government and its three-branch structure.
    • Constitutional law identifies the powers and limitations of each branch of government: legislative, executive, and judicial.
    • Constitutional law upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by the Federal District Courts and Supreme Court.

    Florida Constitution and Statutory Law

    • The Florida Constitution affords Florida residents the same level of rights or greater than they derive from the federal Constitution.
    • The supremacy clause of the federal Constitution states that when laws conflict, federal law generally overrules state and local law.
    • State law can be more restrictive than federal law, but it cannot undermine the federal standard.
    • Statutory law includes criminal, civil, administrative, and regulatory laws.

    Due Process

    • Due process means that laws must be applied fairly and equally to all people, including those accused of a crime.
    • The government cannot deprive anyone of their life, liberty, or property without cause.
    • There are two main types of due process: substantive and procedural.
    • Substantive due process refers to the fair and consistent enforcement of the law.
    • Procedural due process refers to the procedures that must be followed to protect a person's rights during a criminal justice process.

    Amendments

    • The Sixth Amendment guarantees the right to a speedy and public trial, the right to a fair jury, the right to an attorney, the right to be informed of the nature of the charges, and the right to confront witnesses.
    • The Eighth Amendment prohibits excessive bails and fines and cruel and unusual punishment.
    • The Fourteenth Amendment expands the application of the Bill of Rights to state and local governments.

    Fourth Amendment

    • The Fourth Amendment guarantees the protection of people from governmental intrusion into areas where they have a reasonable expectation of privacy.
    • Examples of reasonable expectation of privacy include a personal residence, a car, and a public restroom.
    • The Fourth Amendment prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances.
    • A search occurs when an officer intrudes into a place where a person has a reasonable expectation of privacy.
    • A seizure occurs when an officer affects a person's right to have or control their property, usually by physically taking it.

    Search Warrants

    • The Fourth Amendment generally requires officers to obtain a search warrant before intruding into a place where an individual has a reasonable expectation of privacy.
    • A search warrant is a court order that authorizes law enforcement to conduct a search and seizure.
    • The search warrant process is set up to protect people's rights by issuing a search warrant correctly.

    Law Enforcement

    • Law enforcement officers must develop a keen awareness of the legal justification at each point during an incident.
    • Officers must document and be prepared to explain, in court, their actions and the legal justifications for each of them.
    • Officers should explain their actions to the person they are stopping or arresting, and give them a chance to ask questions.
    • Procedural justice can help officers articulate and explain their actions in a legal context.

    Types of Offenses

    • Non-criminal violation: offense punishable by fine, forfeiture, or other civil penalty, not punishable by incarceration
    • Ordinance violations: can be criminal or non-criminal, may carry up to 60 days in jail or a $500 fine, or both
    • Misdemeanors: criminal offenses with maximum incarceration penalty of up to 1 year in county jail
      • Classified by degrees: 2nd degree (max 60 days, 500fine,orboth)and1stdegree(max1year,500 fine, or both) and 1st degree (max 1 year, 500fine,orboth)and1stdegree(max1year,1,000 fine, or both)
    • Felonies: criminal offenses with maximum penalty of death or incarceration in state correctional facility for more than 1 year
      • Classified by severity: 5 classes, each with a specific penalty and fine

    Classification of Offenses

    • Felony: 3rd degree (max 5 years, 5,000fine,orboth),2nddegree(max15years,5,000 fine, or both), 2nd degree (max 15 years, 5,000fine,orboth),2nddegree(max15years,10,000 fine, or both), 1st degree (max 30 years to life, $10,000 fine, or both)
    • Life felony: lifetime incarceration without possibility of parole, $15,000 fine, or both
    • Capital felony: death or life incarceration without possibility of parole
    • Misdemeanor: 2nd degree (max 60 days, 500fine,orboth),1stdegree(max1year,500 fine, or both), 1st degree (max 1 year, 500fine,orboth),1stdegree(max1year,1,000 fine, or both)
    • Non-criminal violation: fines vary depending on the nature and type of violation

    Parties to a Crime

    • Two categories: principals and accessories

    Criminal Intent

    • Criminal intent: conscious decision to deliberately engage in an unlawful or negligent act, or to harm someone else
    • Elements of a criminal act: criminal statute or ordinance specifically prohibits the act, person committing the act did so knowingly or intentionally
    • Probable cause: fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
    • Proving criminal intent is fundamental to the criminal justice system, separates an accident from a crime

    Non-Criminal Violations

    • A non-criminal violation, also known as a civil infraction, is an offense that carries a penalty of a fine, forfeiture, or other civil penalty.
    • Non-criminal violations do not constitute a crime and are not punishable by incarceration.
    • An example of a non-criminal offense is a traffic violation, such as failure to yield the right-of-way.

    Ordinance Violations

    • Municipal and county ordinances can be criminal or non-criminal.
    • A local criminal ordinance violation may carry up to 60 days in a county jail or a $500 fine, or both.
    • A non-criminal ordinance fine is not limited in amount.

    Misdemeanors

    • A misdemeanor is any criminal offense with a maximum incarceration penalty in a county jail of up to one year.
    • Misdemeanors are classified by degrees based on the maximum penalty and fine associated with the offense.
    • A second-degree misdemeanor carries a maximum penalty of 60 days in a county jail, a fine of up to $500, or both.
    • A first-degree misdemeanor carries a maximum penalty of one year in a county jail, a fine of up to $1,000, or both.

    Felonies

    • A felony is any criminal offense committed where the maximum penalty is death or incarceration in a state correctional facility for more than one year.
    • Felonies are classified based on the severity of the offense’s maximum or minimum penalty.
    • A third-degree felony carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.
    • A second-degree felony carries a maximum penalty of 15 years in a state correctional facility, a fine of up to $10,000, or both.
    • A first-degree felony carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
    • A life felony carries a penalty of lifetime incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both.
    • A capital felony is the highest class of felony, with a penalty of death or life incarceration in a state correctional facility without the possibility of parole.

    Understanding the Florida Statutes

    • In some offenses, not all elements are required to establish the criminal act, and the word "OR" is used to indicate this.
    • The later subsections of the statute outline the penalties for the offense.
    • Some offenses have particular words with unclear meanings, which are defined at the beginning of the chapter or section.

    Enhanced Penalties

    • An enhanced penalty is a sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved.
    • Examples of serious circumstances that may lead to an enhanced penalty include:
      • Committing violent offenses against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, and judges
      • Wearing a mask or hood to conceal identity while committing a felony or misdemeanor
      • Showing prejudice or discrimination while committing a crime (a hate crime)
      • Using a weapon while committing a crime
      • Unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime
      • Committing a misdemeanor or felony that facilitated or furthered an act of terrorism

    Parties to a Crime

    • A principal in the first degree is a person who commits any criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
    • A principal may be charged, convicted, and punished whether they were present when the crime is actually committed or attempted.
    • An accessory after the fact is a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.

    Felony Classifications and Penalties

    • A third-degree felony carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.
    • A second-degree felony is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both.
    • A first-degree felony carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
    • A life felony has varying penalties depending on the date and type of crime committed, with a maximum penalty of life incarceration in a state correctional facility without the possibility of parole or probation.
    • A capital felony is the highest class of felony, with a penalty of death or life incarceration in a state correctional facility without the possibility of parole.

    Enhanced Penalties

    • An enhanced penalty is a sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved.
    • Enhanced penalties are governed by federal and state laws, which vary from state to state.

    Serious Circumstances Leading to Enhanced Penalties

    • Committing violent offenses against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, and judges.
    • Wearing a mask or hood to conceal identity while committing a felony or misdemeanor.
    • Showing prejudice or discrimination while committing a crime (a hate crime).
    • Using a weapon while committing a crime.
    • Unlawfully taking, possessing, or using a law enforcement officer’s firearm during the commission of a crime.
    • Committing a misdemeanor or felony that facilitated or furthered an act of terrorism.

    Parties to a Crime

    • A principal in the first degree is a person who commits a criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
    • A principal in the first degree can be charged, convicted, and punished even if they were not present when the crime was committed or attempted.
    • Example: A babysitter who provides security codes to a friend to commit a burglary is a principal in the first degree.

    Accessory After the Fact

    • An accessory after the fact is a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.
    • Example: Janet who shelters James in her garage to help him avoid being caught by police after he robbed a convenience store is an accessory after the fact.

    Categories of Criminal Intent

    • To determine whether an act is criminal, it is necessary to understand the significance of intent and negligence.
    • Determining a Criminal Offense: two fundamental questions must be answered:
      • Was a criminal act committed?
      • Was there criminal intent?

    Criminal Intent

    • Criminal intent is the conscious decision someone makes to deliberately engage in an unlawful or negligent act, or to harm someone else.
    • Proving criminal intent is fundamental to the criminal justice system because it separates an accident from a crime.
    • Mere thoughts do not constitute criminal liability.

    Enhanced Penalties

    • Enhanced penalties are associated with certain crimes, such as using a gun stolen from a police officer to threaten people in a bank.
    • Example: The robber who uses a gun stolen from a police officer will face enhanced penalties.

    Reading and Understanding Statutes

    • The Florida Statutes are divided into chapters, sections, and subsections.
    • Chapters are broad topics, broken down into sections, which are broken down into subsections.
    • Subsections may be broken down into paragraphs, specifying the elements or components of the crime.
    • For some crimes, all elements of the offense must be met to establish that the crime occurred.

    Parties to a Crime

    • Principal in the first degree: a person who commits a crime, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
    • Accessory after the fact: a person who gives aid to a principal with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.

    Criminal Intent

    • Categories of criminal intent:
      • General intent: intentionally committing an illegal act prohibited by law without considering the results.
      • Specific intent: intent to commit a crime and the intent to deprive an owner of something permanently.
      • Transferred intent: intending to harm one person but inadvertently causing harm to another person instead.
      • Recklessness: imposing criminal liability on defendants who did not intend for a behavior to cause harm.

    Negligence

    • Failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances.
    • Does not involve deliberate actions, but rather careless behavior or failure to provide a duty owed to another person.
    • Examples: looking at phone while driving, unintentionally hurting someone, omission when there is a duty to act.

    Elements of Negligence

    • In a civil negligence action, the plaintiff must prove:
      • Duty owed to another person
      • Breach of duty
      • Causation (link between breach and harm)
      • Damages (harm caused)

    Categories of Criminal Intent

    • There are four basic classifications of intent: general intent, specific intent, transferred intent, and recklessness
    • General intent: intentionally committing an illegal act prohibited by law without considering the results
      • Examples: battery, assault, rape, kidnapping, false imprisonment, and involuntary manslaughter
    • Specific intent: intent to commit a crime and the intent to deprive an owner of something permanently
      • Examples: burglary, embezzlement, forgery, murder, robbery, and theft
    • Transferred intent: when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead
      • Examples: attempting to commit a battery, striking a bystander unintentionally, or missing a victim and striking a second victim
    • Recklessness: imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm
      • Example: vehicular homicide

    Negligence

    • Negligence: the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
    • Negligence cases do not involve deliberate actions, but instead occur when an individual or entity is careless and fails to provide a duty owed to another person
    • Examples: driving a car and causing an accident while looking at a phone, unintentionally hurting someone else
    • Elements of negligence: the state must prove in criminal court that the individual committed all elements of a particular offense
    • In a civil (non-criminal) negligence action, the plaintiff must prove a different set of elements to find the defendant negligent

    Elements of Negligence

    • Four elements must be proved in a negligence action to recover damages: duty to act with care, breach of the duty to act, causation or proximate cause, and damages.
    • If any of the four elements is missing, the defendant cannot be found negligent.

    Duty to Act With Care

    • A duty is usually created by statute or contract.
    • Duties may be general or specific.
    • Example: a general duty to drive a vehicle using reasonable care, or a specific duty to direct traffic at an intersection.

    Breach of the Duty to Act

    • A breach of duty is a failure of some kind.
    • A breach of duty is generally proved by evidence that the person violated a law or accepted practices.
    • Example: an officer who decides to wait for EMS instead of performing CPR on an injured person, and the person dies or suffers brain damage.

    Causation or Proximate Cause

    • Proximate cause means that the breach caused the harm.
    • Proximate cause is the link between the breach of duty and the harm caused (damages).
    • The judge and jury will determine if the harmful event was a foreseeable outcome of the defendant's act or failure to act.

    Damages

    • There are two main categories of damages: compensatory and punitive.
    • Compensatory damages compensate for the actual property damage, harm, or injury.
    • Compensatory damages include general and special damages.
    • General damages are presumed to result from the defendant's actions, including pain and suffering, discomfort, humiliation, and emotional distress.
    • Special damages are those actually caused by the injury, including lost earnings, medical expenses, destruction of personal property, and attorney's fees.
    • Nominal damages are awarded when the plaintiff's rights were violated, but there is insufficient proof of measurable financial harm.
    • Punitive damages are intended to punish the defendant and warn others from doing the same act.
    • The U.S. Constitution guarantees a right of privacy to all individuals who do not break the law.
    • Situations involving transferred intent are complex, and legal or supervisory advice should be sought before determining what crime, if any, to charge.
    • Examples of transferred intent include attempting to commit a battery, striking a bystander unintentionally, or when a person intending to shoot one victim misses and unintentionally strikes a second victim.
    • Recklessness imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.
    • Recklessness may result in civil or criminal charges.

    Criminal Intent

    • Legally recognized categories of criminal intent include:
      • Transferred intent
      • Recklessness

    Negligence

    • Negligence is the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances.
    • Negligence cases do not involve deliberate actions, but instead occur when an individual or entity is careless and fails to provide a duty owed to another person.
    • Examples of negligence include:
      • A person looking at their phone instead of the road while driving a car and causing an accident.
      • Someone unintentionally hurting someone else.

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    Description

    This quiz covers the relation between criminal law and ordinances, and how they differ from civil law and statutory law. Understand the jurisdiction and impact of ordinances on individuals and society.

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