Chapter 3 Legal.docx

Statutory law Written and enacted by congress state legislature Or local governing authorities in response to a Perceived need Criminal law Identifies behavior deemed unacceptable By society. Ordinances Are laws enacted by municipal or county governments. Civil law the legal action that a p...

Statutory law Written and enacted by congress state legislature Or local governing authorities in response to a Perceived need Criminal law Identifies behavior deemed unacceptable By society. Ordinances Are laws enacted by municipal or county governments. Civil law the legal action that a person takes To resolve a non-criminal private dispute With another person. Case law The body of law formed by the Decision of the court system (The judicial branch). Due process Means that law must be applied fairly And equally to all people including a Person accused of a crime. Substantive due process The fair and consistent enforcement Of the law. Procedural due process Refers to the procedures that must be Followed to protect a person's right During a criminal justice process. Offense A breach of law and broadly describes Criminal or non-criminal acts that are Punishable under Florida law. Non-criminal violation A non-criminal violation does not Constitute a crime and is not Punishable by incarceration. Misdemeanor Is any criminal offense with a Maximum incarceration penalty In a county jail up to one year. Felony Any criminal offense committed Where the maximum penalty is Death or incarceration in a state Correction facility for more than One year. Enhanced penalty 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. Principal in the first degree A person who commits any criminal offense whether felony or misdemeanor. Accessory after the fact A person who gives the principal any aid with the intent that the principal avoid or escapes detention arrest,trial or punishment. Criminal intent the conscious decision someone makes to deliberately engage in an unlawful or negligent act or to harm someone else. Probable cause A fair probability or reasonable grounds to believe that someone committed a crime based on the totality of circumstances. General intent Defines most criminal offense and requires some forbidden act by the offender. Specific intent the intent to commit a crime and the intent to deprive an owner of something permanently. Transferred intent when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead. Recklessness imposes criminal liability on defendants when they did not intent for a behavior to cause the resulting harm. Negligence the failure to behave with the level of care that a reasonably prudent person would have exercices under the same circumstances. Breach of duty means that the person unreasonable failed in the duty they were obligated to perform. Proximate cause the legal phrase for the link between the breach of duty and the harm causes ( damages). Compensatory damage designed to compensate for the actual property damage , harm or injury that the plaintiff suffers Punitive damages intended to punish the defendant for their act and to warn others from doing the same act. Consensual encounter occurs when you have voluntary contact with a person and they are free to go at any time. Investigative stop only if the officer has reasonable suspicion that the person stopped was committing is committing or is about to commit a law violation. Reasonable suspicion The standard of justification needed to support an investigation stop. Bolo A description of a vehicle or suspect and any other information that would help identify the suspect. Plain touch/Feel doctrine Rule allows the officer to seize the contraband even if it does not feel like a weapon. Contraband Anything that is illegal to produce , posses, or transport. Pretext stops the officer stops the vehicle due to an equipment violation but really wants to investigate other or more serious criminal activity. Proof beyond a reasonable doubt The standard used to determine if a criminal defendant is guilty. Search Occurs when an officer intrudes into a place where a person has a reasonable expectation of privacy. Seizure Occurs when an officer affects a person's right to have or control their property usually by physically taking it. Search Warrant A court order that authorizes law enforcement to conduct a search and seizure. Carroll Doctrine The scope of a Search under the carroll doctrine extends to the entire vehicle and all containers where the evidence could reasonable be found. Exigent Circumstances Certain emergencies such as the of evidence destruction an emergency scene or a fresh pursuit that justifies a warrantless entry. Fresh Pursuit the immediate and continuous pursuit by officer of a suspect who is fleeing to avoid arrest. Impound Towing a vehicle at the direction of law enforcement. Forfeiture A civil proceeding in which the law enforcement agency asks the court to transfer ownership of the property from the defendant to the law enforcement agency. Risk Protection Order A court order that temporarily restrict a person's access to firearms for up to one year in situation where they pose a significant danger to themselves or others by having a firearm or ammunition in their custody or control or by purchasing possessing or receiving a firearm or any ammunition. Arrest Depriving a person of their liberty by legal authority. Arrest Warrant A court order authorizing and requiring law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant. Notice To Appear A written order that may be issued by law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specific date and time. Probable Cause Affidavit A sworn written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. Deadly force Any force that is likely to cause death or great bodily harm. Criminal Liability occurs if an individual is found guilty of committing a crime and is sentence to incarceration or the penalties. Civil Liability Is Responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence. Tort A civil wrong in which the action or inaction of a person or entity violates the right of another person or entity Omission neglecting to perform what the law or duty requires. Color Of Law As a law enforcement officer you do not have the right to commit acts that violate the color of law. Direct Liability arises in cases where the officer committed an intentional or a negligent tort in violation of the employing agency order or policies. Vicarious Liability Refers to the situation where someone is held responsible for the action of another person. Sovereign Immunity derived from the common law idea that the king and his agents can do no wrong. Acting within the scope of employment Refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business. Qualified Immunity Protect government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Country courts The 67 country courts have limited jurisdiction and manage the following legal issues. Florida district courts of appeal these are intermediate appellate courts of the Florida court system. Florida supreme court This is the highest court in florida. U.S District Courts Presided over by U.S. district judges district courts are the federal trial courts assisted by magistrates. Courts Of Appeal These courts hear challenges to district court decision from courts located within its circuit as well as appeals from decisions of federal administrative agencies. Supreme Court Of The United States This is the highest court in the united states and the chief authority in the judicial branch. Judge The judge presides over the courtroom and decides question law. Prosecutor The prosecutor represents the government case. Defense attorney The Defense attorney represent the defendant case. Clerk Of The Court Each County elects a clerk of the court who is responsible for maintaining files and official records and using subpoenas. Court Administrator The court administrator is responsible for the day-to-day administration of a court system. JURY A jury is a group of citizens who determine questions of fact in a trial. Bailiff A Bailiff or a court deputy is generally a sworn law enforcement officer who is responsible for security in the courtroom. Court Reporter The court reporter is responsible for making a record of the proceedings. Hearsay evidence information received from people that is not easily substantiated as admissible. ARRAIGNMENT a hearing arraignment takes place where the charges are formally filed by the state attorney office and read aloud to the defendant. Pretrial Release The defendant is released from jail pending the trial proceedings. Bond hearing At first appearance hearing there may be discussion regarding bond and special conditions of pretrial release. Deposition An official court proceeding in which persons involves with the exception of the defendant provide separate sworn testimonies regarding the facts of the case to one of the attorneys defense or prosecutor before the trial. Off The Record refers to information not recorded in an official document. Suppression hearing Occurs when the defense files a motion to suppress or to exclude certain testimony or evidence from the trial alleging that your actions were improper and violate their client right. Pretrial Meeting The purpose of the pretrial meeting is to give the prosecutor an opportunity to clarify facts of the case and deal with any inconsistencies. Violation Probation Happens when an offender does not abide by all conditions ordered by the court. violation of probation hearing occurs when an officer accuses an offender of violating his or her probation or community control and the offender contests the violation. Subpoena A legal order for a person to appear before court imposing a penalty if a person doesn\'t comply. Capias A legal for an arrest issued by the clerk of court at the request of the states attorney office. Ex Parte Order A court order signed by a judge that is initiated by one person in the absence of and without representation of other parties. Pickup Order A court order take a juvenile into custody. Protection Order A court-issued order that is meant to protect a person business , company , establishment or entity and the general public from harm or harassment. Domestic violence protection order A court order issued by a judge to protect someone against domestic violence. FIRST AMENDMENT Protects the right to free speech Press assembly and religion. SECOND AMENDMENT Protects the right to bear arms. FOURTH AMENDMENT Protects from unreasonable search And seizure. FIFTH AMENDMENT Protects against self-incrimination And guarantees due process. SIXTH AMENDMENT Establishes a right to a speedy Trial impartial jury and assistance Of counsel. EIGHT 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. A second-degree misdemeanor Carries a maximum penalty of 60 days in County jail and/or a fine of up to \$500 or Both. A first-degree misdemeanor Carries maximum penalty of one year In a county jail and fine of up to \$1000 Or both. A third-degree felony Carries a maximum penalty of five Years in a state correctional facility A fine of up to \$5000 or both. A second-degree felony Is punishable by a maximum of 15 years In a state correctional facility a fine 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 Lifetime incarceration without Possibility of parole a 15,000 fine Or both. Capital felony Death or life incarceration without Possibility of parole. Legislative Makes laws. - Congress - Senate - House of representative Executive Carries out laws. - President - Vice president - Cabinet Judicial Interprets laws. - Supreme court - Federal court