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TEST 3 STUDY GUIDE

Terms in this set (58)

If you're investigating a crime and visit a woman in the hospital who is about to die and just before she expires she tell you that her neighbor raped her, this is known as a:
A dying declaration
Written evidence is also known as
Documentary Evidence
Which instance does doctor/patient privilege not apply?
Child abuse
If a police officer unlawfully enters a house, any evidence found inside will be
Inadmissible
If a person is sworn in to testify in court but doesn't care for the last words of the oath ("So help me God"), is the person allowed to testify?
Yes, they can still testify
A subpoena is a?
Court order to testify
Which relationship is not considered privileged?
Parent/Child
A witness is someone who has?
Personal knowledge to the court case/situation
If a 6 YOA child is testifying in court that another person touched him/her in "private areas" but the judge finds that the child does not understand the difference between right and wrong (or lying), this testimony would be seen as?
Relevant incompetent
If you perform a search without legal justification, you cannot admit any of the evidence found into court? T or F
True
What is a way to impeach a witness?
Evidence of being untruthful
Public records/reports from public agencies are usually admissible in court. What is one instance where such a document would NOT be admitted?
Police reports
What does it take to find guilty in a trial?
Beyond a reasonable doubt
As a police officer, you are testifying at a murder trial and testify that you had a conversation with a witness who could not be in court. You testify that you HAD the conversation with the witness, but did not testify about what he said. Is this hearsay?
Not hearsay, and information given would be admissible because its you personal knowledge/experience.
Eyewitness testimony is a type of ______ evidence?
Direct
Why cant you arrest a foreign ambassador?
Foreign ambassadors have immunity
You arrest someone. This person MUST be in front of a magistrate without unnecessary delay and you must swear out a complaint. The complaint must contain:
The offense committed, facts of the case and a basis for statement of facts
Justifiable or unjustifiable: you're walking down the street with your girlfriend when you pass a man that says rude/unseemly things about her. You pull out a gun and threaten to shoot him
Unjustifiable
When you make an arrest, you must take them
In front of a magistrate without unnecessary delay
Do you have to book every person you arrest?
No, you can cite and release for misdemeanors
When can you arrest someone?
Anytime, Day or night
If you witness a person buy drugs in a hand to hand transaction, can you arrest?
Yes, you have PC
Before arresting for a warrant, you MUST:
Confirm the warrant
Can you arrest a person in the middle of the night?
Yes, you can arrest anytime
PC is synonymous with:
Reasonable grounds
When you're arresting someone, you must inform them:
Why they're being arrested
Justifiable or unjustifiable: Someone tried to rob you at knifepoint and threatens to stab you if you don't hand over your things, so you pull a gun and shoot the robber
Justifiable
Your neighbor calls you and shows you a new $2000 stereo he got over the weekend. He informs you that he knew it was stolen in a burglary over the weekend, so he got a great deal. What can you do?
You can arrest
When can you use force to get a confession?
Never
When a person is charged with a felony, they must have a preliminary hearing within?
10 days
What is bond?
A security made by providing a lien against property (house/car)
What court deals with misdemeanors
Municipal/Justice
Where is a preliminary hearing held for felony cases
Superior & Justice
What are the primary courts for the federal court system?
District courts
If your case is in the Arizona Superior Court and you want to appeal it AND it deals with a Constitutional issues, where does it go?
US Supreme Court
What is the highest state court?
Supreme Court
The Arizona Court of Appeals is in what division?
Second Circuit Court
What is jurisdiction re:courts?
Authority/Power a court has to hear a particular type of case.
The "Location where a crime has been committed and the case should be tried" is know as:
Venue
What is the lowest court one can appeal to?
Appellate Court
A defendants answer to charges against him/her is known as
Plea
Pre trial negotiations in which a defendant agrees to plead guilty to a lesser charge and usually a specified fine and/or prison sentence, if more serious charges are dismissed is known as
Plea bargain
What is a true bill?
A term used by the Grand Jury to show probable cause exists to bind over the defendant for trial: Part of the indictment process
The process of turning over evidence to be used in trial by the prosecutor to the defense is known as
Discovery
After a defendant has been indicted by the Grand Jury or by Preliminary Hearing, he/she must be arraigned within ______ days?
10 days
What is the most visible sign of government in the US?
Police
What percentage of citizens support the police?
90%
A single officer can affect what?
Public perception and passage of new laws
If an officer is perceived as being uncaring or unethical, what will happen?
The community with get negative stereotypes
When the police are active in police/community partnerships, what is this called
Community Policing
To reduce lawsuits, increase trust, etc. are reasons officers should use community policing in?
Diverse Communities
15% of LEOs are "social value/feeling" decision makers. What is their preferred type of communication?
Responsive/thoughful
Officers spending time with the business in their area helps to
Build rapport, get to know the community
What is NOT a recognized role of LE?
Maintain Discipline
What is the #1 citizen complaint against cops?
Rudeness
Community policing aids agencies in:
Increased funding, Cooperation solving crime, etc.
All of the above
T/F. A persons ethnic/racial background may affect their perception of police.
True
You arrest and book a person into jail. Within what time period do they have to see a judge?
24 Hours
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