TLETA Week 1 Flashcards

Key Concepts in Policing and Legal Processes

• Ethics: Important element in policing, emphasizing that ethics are often innate rather than just learned.
• Modern Policing Origins: Rooted in English Law, shaping current law enforcement practices.

Court Structure and Legal Hierarchy

• Court Structure: Comprises several levels - Supreme Court, Court of Criminal Appeals, Appeals Court, Circuit Court or Criminal Court, and Municipal and General Sessions Courts.
• Legal Hierarchy: Organized from broad to specific - Federal Laws, followed by State Laws, then Local Laws.

Legal Process Steps

• Steps to State Court: Include arrest, appearing in general sessions, grand jury proceedings, trial, and potential appeal.
• Probable Cause and Arrest Checks: Involves initial appearance/preliminary hearing, general sessions, and grand jury review.

Levels of Proof

• Types of Proof: Progression from mere suspicion, reasonable suspicion, probable cause (P/C), to beyond a reasonable doubt.

Roles and Definitions

• Magistrate: An official authorized to issue arrest warrants for public offenses.
• Judicial Role: The term "magistrate" encompasses roles such as judicial commissioners, judges across various courts, and juvenile judges.
• Mittimus: A written order for confinement issued by a court.

Examination and Affidavit

• Examination Before Commitment: Required for any individual facing criminal charges to be examined by a magistrate before imprisonment.
• Affidavit: A sworn written statement made before an official after an arrest.

Warrant and Amendments

• Warrant: A document issued and signed by a magistrate commanding an arrest prior to an individual being taken into custody.
• 8th Amendment: Protects against cruel or unusual punishment and ensures all prisoners can be released on bail except for serious offenses.

Bail and Grand Jury

• Bail Endorsement: The responsibility of setting bail amounts falls on the magistrate.
• Grand Jury Composition: Typically consists of 13 members, which includes 12 jurors and 1 foreperson.

Grand Jury Function and Terms

• Grand Jury Purpose: Investigate law violations and establish probable cause for accusations.
• Indictment: Written accusation from a grand jury charging an individual, leading to possible prosecution.
• Capias: A document authorizing arrest issued by a grand jury.

Arraignment and Criminal Classifications

• Arraignment: The first court appearance for a defendant where the case is acknowledged.
• Felony Classes:
  • Class A Felony: 15-60 years; $50,000 fine.
  • Class B Felony: 8-30 years; $25,000 fine.
  • Class C Felony: 3-15 years; $10,000 fine.
  • Class D Felony: 2-12 years; $5,000 fine.
  • Class E Felony: 1-6 years; $3,000 fine.
• Misdemeanor Classes:
  • Class A Misdemeanor: 11 months, 29 days; $2,500 fine.
  • Class B Misdemeanor: 6 months; $500 fine.
  • Class C Misdemeanor: 30 days; $50 fine.

Constitutional Amendments Impacting Rights

• 2nd Amendment: Guarantees the right to bear arms.
• 4th Amendment: Ensures protection against unreasonable searches and seizures.
• 5th Amendment: Confers rights like silence, protection against double jeopardy, and due process.
• 6th Amendment: Guarantees the right to a speedy trial and access to legal counsel.
• 14th Amendment: Provides citizenship rights and mandates equal protection under the law.

Identification Processes

• Types of Suspect Identification: Includes lineup, show-up, and photographic ID methods.
• Lineup: A live identification procedure involving multiple individuals for a witness to identify a suspect, with the option for attorney presence.
• Show-up: Presentation of a single suspect shortly after a crime for immediate identification.