TLETA Week 1 Flashcards

Questions and Answers

What is ethics?

Caught not taught.

What does modern day policing come from?

English Law.

What is the Court Structure?

Supreme Court, Court of criminal appeals, appeals court, Circuit court or Criminal court, municipal and general sessions.

What is the Legal Hierarchy?

Federal laws, State laws, Local laws. Signup and view all the answers

What are the steps to state court?

Arrest, general sessions, grand jury, trial, appeal. Signup and view all the answers

What are the 3 checks of probable cause/arrest?

Initial appearance/preliminary hearing, general sessions, grand jury. Signup and view all the answers

What are the levels of proof?

Mere suspicion, reasonable suspicion, P/C, beyond a reasonable doubt. Signup and view all the answers

What is a magistrate?

An officer having power to issue a warrant for the arrest of a person charged with a public offense. Signup and view all the answers

Who are considered magistrates?

Judicial commissioners, judges of circuit & Criminal courts, Supreme Court, general sessions judges, city judges or juvenile judges. Signup and view all the answers

What is a mittimus?

Order in writing. Signup and view all the answers

What does examination required before commitment mean?

No one person can be committed to prison on any criminal matter without first being examined by a magistrate. Signup and view all the answers

What is an affidavit?

Written statement signed and sworn to before an official (after arrest). Signup and view all the answers

What is a warrant?

Written order commanding that a person be arrested, must be signed by magistrate (before arrest). Signup and view all the answers

What does the 8th Amendment entail?

No cruel or unusual punishment. All prisoners shall be bailable by sufficient sureties except for capital offenses. Signup and view all the answers

Who endorses bail amount?

Magistrate. Signup and view all the answers

How many people are on a grand jury?

13 people. 12 jurors, 1 foreperson appointed by judge. Signup and view all the answers

Who discharges bail?

Sheriff. Signup and view all the answers

What is a preliminary hearing?

Not a constitutional right; is a probable cause screening. Signup and view all the answers

What does a grand jury do?

Inquire into law violations; Determine existence of probable cause. Signup and view all the answers

What is an indictment?

An accusation in writing presented by the grand jury of the county, charging a person. Signup and view all the answers

What are indictable offenses?

ALL felonies and misdemeanors. Signup and view all the answers

What is a True Bill?

Grand jury approves indictment. Signup and view all the answers

What is a capias?

Written document from grand jury authorizing arrest. Signup and view all the answers

What is an arraignment?

Where defendant first appears before court with jurisdiction to try case. Signup and view all the answers

Class A felony sentences range from years and up to $ in fines.

15-60; 50,000 Signup and view all the answers

Class B felony sentences range from years and up to $ in fines.

8-30; 25,000 Signup and view all the answers

Class C felony sentences range from years and up to $ in fines.

3-15; 10,000 Signup and view all the answers

Class D felony sentences range from years and up to $ in fines.

2-12; 5,000 Signup and view all the answers

Class E felony sentences range from years and up to $ in fines.

1-6; 3,000 Signup and view all the answers

Class A misdemeanor sentences can be up to and up to $ in fines.

11 months, 29 days; 2,500 Signup and view all the answers

Class B misdemeanor sentences can be up to and up to $ in fines.

6 months; 500 Signup and view all the answers

Class C misdemeanor sentences can be up to and up to $ in fines.

30 days; 50 Signup and view all the answers

What does the 2nd Amendment entail?

Right to bear arms. Signup and view all the answers

What does the 4th Amendment protect against?

Unreasonable search and seizure. Signup and view all the answers

What rights does the 5th Amendment provide?

The Right to remain silent/Double jeopardy, right to due process, testify against self. Signup and view all the answers

What rights does the 6th Amendment provide?

Right to a speedy and public trial, assistance of counsel, informed of accusations, confront witnesses. Signup and view all the answers

What does the 8th Amendment protect against?

No cruel or unusual punishment, no excessive bail or fines. Signup and view all the answers

What does the 14th Amendment declare?

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. Signup and view all the answers

What are suspect ID types?

Lineup, show up, photographic ID. Signup and view all the answers

What is a lineup?

Live presentation of several different people by police to a witness of a crime so as to identify possible suspects. Signup and view all the answers

What is a showup?

Live presentation, within a reasonable time after a crime, of a single person. Signup and view all the answers

Study Notes

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.

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Description

Test your knowledge of essential concepts in ethics, modern policing origins, and the legal hierarchy with these flashcards. This week covers key definitions and structures that are fundamental to law enforcement understanding. Perfect for new officers or students in law enforcement training.