Florida Basic Recruit Training Program (Chapter 2)

STUDY
PLAY

Terms in this set (...)

Law
Is a form of social control or a method of encouraging people to behave in a certain way. (pg. 30)
Morality and Religion
are other forms of social control.(pg. 30)
Common Law
The rules of the society, which developed naturally, have been codified by being written down. (pg. 30)
The American Legal System
___ is based primarily on English common law. (pg. 30)
Protect ownership of property, regulate certain businesses, and raise revenue
In addition to maintaining order, laws also serve to... (pg. 30)
Constitutional Law
The standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by U.S. District and Supreme Courts; identifies the powers and limitations of each branch of the U.S. Government. (pg. 30)
Executive, Legislative, and Judicial
____ are the three branch structure. (pg. 30)
Constitutional Law
We can identify the powers and limitations of each branch through ___. (pg. 30)
Florida State Constitution
___ parallels the U.S. Constitution. (pg. 30)
Statutory Law
___ is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. (pg. 30)
Civil, Criminal, Administrative, and Regulatory laws
_____ are included in Satutory law. (pg. 30)
Criminal Law
The part of statutory law that defines unacceptable behavior and government prosecution of those who commit them. (pg. 30)
Ordinances
___ are enacted by a municipal (city) or county government. (pg. 31)
Ordinances
Apply only within the jurisdiction of the governmental entity that enacted them. (pg. 31)
Civil Law
___ pertains to the legal action that a person takes to resolve a private dispute with another person. (pg. 31)
The courts
______ provide a forum for the parties to resolve disputes through legal action. (pg. 31)
A cause of action
_____ is to a civil case what a criminal statue is to a criminal case. (pg. 31)
Administrative Law
______ is the body of law that allows for the creation of public regulatory agencies. (pg. 31)
Case law
______ is formed by the decisions of the court system (the judicial branch). (pg. 31)
Case law
_______ are court-imposed decisions are based on the court's interpretation of constitutional provisions, and they clarify the meaning of a statute or rule as applied to a specific set of facts. (pg. 31)
Precedents
_______ are rules created by an appellate court that officers are required to follow unless a higher court changes the rule. (pg. 31)
Officers
_______ must be aware of conflicting rulings and follow the case law in their own jurisdiction. (pg. 31)
The U.S. Constitution
______ protects individuals from governmental abuse of power and defines law enforcement's authority to act. (pg. 32)
The U.S. Constitution
All people stand equal before the law and therefore share certain rights, according to the _____. (pg. 32)
The government
______ is the agent of the people, not their master. (pg. 33)
The Articles of the Constitution
Their purpose is to form a contract between the people of the United States and the United States government that spells out the responsibilities and authority of the three branches of government. (pg. 32)
The supremacy clause
Set forth in Article VI, ______ states that when laws conflict, federal law generally overrules state and local law. (pg. 32)
The Amendments
Their purpose is to ensure that individual rights are not infringed upon by the government. (pg. 32)
Bill of Rights
The first ten amendments to the U.S. Constitution comprise the _______. (pg. 33)
The First Amendment
_____ protects the freedom of speech, press, peaceful assembly, and religion. (pg. 33)
The Second Amendment
______ guarantees the right to bear arms. (pg. 33)
The Fourth Amendment
______ prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge). (pg. 33)
The Fifth Amendment
______ is best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law. (pg. 33)
The Sixth Amendment
_______ guarantees the right to be informed of the nature of the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face an impartial jury. (pg. 33)
The Eighth Amendment
_______ prohibits excessive bails and fines and cruel and unusual punishment. (pg. 33)
The Fourteenth Amendment
The Bill of Rights was originally intended to restrict the actions of the federal government only. __________ expanded the application of the Bill of Rights to state and local governments as well. (pg. 33)
Due process clause
No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws. (pg. 33)
Substantive and procedural
The two main components of due process are ______. (pg. 33)
Substantive due process
_____ is the fair and consistent enforcement of the law. (pg. 33)
Procedural due process
_____ refers to the steps that must be followed to protect an individual's rights during a criminal justice process. (pg. 33)
Offense
_____ broadly describes criminal or noncriminal acts that are punishable under Florida law. (pg. 35)
Criminal offenses
_____ are punishable by incarceration and classified as either felony or misdemeanor. (pg. 35)
Noncriminal offenses
_____ are punishable by monetary fines or something other than incarceration. (pg. 35)
Civil infractions
_____ are also known as noncriminal offenses. (pg. 35)
Felony
_____ is any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year. (pg. 35)
A capital felony
_____ is the highest class of felony. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole. (pg. 35)
A life felony
_____ has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000, or both. (pg. 35)
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. However, certain ______ specifically carry a maximum penalty of life imprisonment in a state correctional facility. (pg. 35)
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. (pg. 36)
A third-degree felony
_____ carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both. (pg. 36)
Violent career criminals, habitual felony offenders, or habitual violent felony offenders
Penalties of imprisonment may be extended for defendants who have been classified as _____. (pg. 36)
A misdemeanor
_____ is any criminal offense with a maximum incarceration penalty in a county jail of up to one year. (pg. 36)
A first-degree misdemeanor
_____ carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. (pg. 36)
A second-degree misdemeanor
_____ carries a maximum penalty of 60 days in a county jail, a fine of $500, or both. (pg. 36)
A noncriminal violation
An offense for which the only penalty may be a fine, forfeiture, or other civil penalty is _____. (pg. 36)
A local criminal ordinance
The maximum penalty for violating ______ is a fine of $500 or incarceration in a county jail for a period of up to 60 days and/or both. (pg. 37)
Mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt.
The law recognizes four standards of legal justification:... (pg. 38)
Consensual encounter
_____ occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, and therefore is no Fourth Amendment seizure. (pg. 39)
Mere suspicion
_____ is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge. (pg. 39)
Investigative stop
An officer can only make an ____ if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation. (pg. 39)
Terry Stop
An investigative stop is also known as a_____. (pg. 39)
Reasonable suspicion
_____ is the standard of justification needed to support a legal Terry stop or investigative
detention. (pg. 39)
Articulable suspicion or Founded suspicion
Reasonable suspicion is sometimes called_____. (pg. 39)
Reasonable suspicion
The facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime. (pg. 39)
BOLO
is a description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect.
Be On the Look Out
BOLO stands for... (pg. 40)
Terry v. Ohio (1968)
In ____ the Court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed.
(1) that the subject is lawfully detained and (2)
that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.
The two elements required for a lawful pat down or frisk are_____. (pg. 40)
Plain touch/feel doctrine
This rule allows the officer to seize the contraband even if it does not feel like a weapon. (pg. 40)
Terry stop
The duration of a _____ is limited to the time reasonably necessary to accomplish the purpose of the stop.
An investigative detention may become an arrest even if the officer does not initially intend to make the arrest. (pg. 41)
The Fourth Amendment
Questioning that prolongs the detention but is not justified by the purpose of the investigative stop is unreasonable under... (pg. 41)
Pretext stops
When the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity. (pg. 41)
Whren v. U.S. (1996)
the U.S. Supreme Court, in _______ said that the courts are not required to consider an officer's motive for stopping a vehicle as long as the officer had an objective basis for the stop. (pg. 41)
Probable cause
The standard of justification required to make an arrest or conduct a search is_____. (pg. 41)
Probable cause
_____ is a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances. (pg. 41)
Totality of circumstances
In deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. This is known as the _________ test. (pg. 42)
the fellow officer rule, a citizen informant,
corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and show-ups.
Commonly recognized sources for officers to rely on include:... (pg. 42)
Fellow officer rule
_____ involves relying on the collective knowledge of other officers when taking law enforcement action. (pg. 42)
The photographic array
_____ is a presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect. (pg. 43)
A live line-up
_____ is the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non-suggestive manner for the purpose of identification. (pg. 43)
A show-up
_____ occurs when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification of the suspect in the field by a victim or witness. (pg. 43)
Beyond a reasonable doubt
Before a person may be found guilty of a crime and sentenced, the prosecution must
present evidence sufficient to prove guilt of each element of the crime_____. (pg. 43)
Proof beyond a reasonable doubt
_____ is the standard used to determine if a criminal defendant is guilty. Based on the facts of the case, there is no other reasonable explanation than that defendant committed the crime. (pg. 43)
"the greater weight (preponderance) of the evidence."
The burden of proof in civil cases is ___. (pg. 43)
"clear and convincing evidence"
In administrative proceedings, the burden of proof is ___. (pg. 43)
Search
A ______ occurs when the government intrudes into a place where a person has a reasonable expectation of privacy. (pg. 44)
Seizure
A ______ occurs when the government affects a
person's right to have or control his or her property, usually by physically taking it. (pg. 44)
Search warrant
A ________ is a court order that authorizes law enforcement to conduct a search and seizure. (pg. 44)
Search warrant
The ________ must be directed to a person or agency with specific jurisdiction over the location of the search. (pg. 44)
Exclusionary rule
The Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court. This is known as the ___. (pg. 45)
Davis v. U.S. (2011)
In ______ the Supreme Court held that "when the police conduct a search in objectively reasonable reliance on binding appellate precedent, the exclusionary rule does not apply." (pg. 45)
The Fruits of the Poisonous Tree doctrine
_____ holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. (pg. 45)
The Good Faith doctrine
If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted, according to the.... (pg. 45)
Reasonable expectation of privacy
R.E.P. stands for... (pg. 45)
Government + Intrusion + REP
The three elements that comprise a Fourth Amendment "search" are thus... (pg. 45)
Abandoned property and open fields
Two search types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have a reasonable expectation of privacy in the place to be searched. Those are searches of... (pg. 46)
Curtilage
The space of ground and outbuildings immediately surrounding a structure___. (pg. 46)
Fenced and posted fields
____ are given a higher degree of constitutional protection than areas that do not have such improvements. (pg. 46)
Plain view, Mobile conveyance, Exigent circumstances
The law presumes that a search without a warrant is invalid; however, there are a number of exceptions which require probable cause:___ (pg. 46)
Plain View
Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause to believe that the item is contraband or crime evidence. (pg. 46)
Sawyer v. State (2003)
In ______ a police officer saw a white pill on the console of a car and, thinking it was ecstasy, seized it. Testing proved the officer was correct. (pg. 46)
Mobile conveyance search
A _____ may be conducted without a warrant even if there may be time to obtain a warrant. (pg. 47)
Carroll doctrine
Mobile conveyance search are sometimes called... (pg. 47)
Carroll doctrine
_____ the principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity. (pg. 47)
Exigent circumstances
___ are certain emergencies such as the case of evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry. (pg. 47)
Fresh Pursuit
It generally requires (1) probable cause that the suspect committed a serious crime, (2) immediate or continuous pursuit of the suspect, and (3) probable cause that the suspect is in the premises that is being entered without a warrant. (pg. 47)
Emergency scene exception
The _____ involves a situation in which officers may make a warrantless entry in order to ensure their own safety or that of the public. (pg. 48)
Seibert v. State (2006)
where officers were justified in entering a house because they had an objectively reasonable basis to believe that a subject was going to commit suicide. Once within the house, they discovered a murder victim while securing the subject to prevent his suicide. (pg. 48)
Consent, Inventory, Administrative searches, and incident to arrest
Four additional search warrant exceptions require less than probable cause:___ (pg. 48)
Consent
____ searches do not require probable cause, reasonable suspicion, or even mere suspicion. (pg. 48)
Voluntary
___ means the consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of lawful authority. (pg. 48)
Inventory searches
___ are not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft. (pg. 49)
Inventory
An ___ is a written list of all valuable property in a vehicle. (pg. 49)
Administrative searches
___ generally do not require a warrant due to the setting or special conditions. Subjects of
this type of search include students, public schools, people in government offices, government property (such as desks, lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on probation or parole. (pg. 49)
Administrative searches
These types of searches generally do not require warrants because they are for regulatory purposes and can be conducted by administrative or law enforcement personnel. (pg. 49)
Incident to Arrest
When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant. (pg. 49)
(1) the need to disarm the suspect in order to take him or her into custody and (2) the need to preserve evidence for later use at trial."
The Supreme Court has noted "two historical rationales for the search incident to arrest exception: ___ (pg. 49)
First, there must have been a lawful custodial arrest. Second, the search must be "substantially contemporaneous" or at the same time with the arrest.
A search incident to arrest may only be conducted when two requirements have been met. (pg. 50)
Custodial arrest
A search incident to arrest may not be conducted unless there is a ___. (pg. 50)
Contraband articles
Sections 932.701—932.706, F.S., gives law enforcement agencies the authority to seize and forfeit certain property known as ___. (pg. 51)
Contraband articles
___ include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity. (pg. 51)
Forfeiture
___ is a civil proceeding in which the law enforcement agency asks the court to transfer ownership of the property from the defendant to the government. The government may then sell the property at auction or use the property for law enforcement purposes. (pg. 51)
Drug Abuse Resistance Education
(D.A.R.E.) program stands for... (pg. 51)
Arrest
An ___ is defined as depriving a person of his or her liberty by legal authority. (pg. 52)
Arrest warrant
An ___ is a court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant. (pg. 52)
1. The person has committed a felony or misdemeanor or violated a county or
municipal ordinance in the presence of the officer.
2. The person committed a felony outside of the officer's presence, but the officer has probable cause to believe that the person committed it.
3. A warrant for arrest has been issued and is being held by another law enforcement officer or agency.
4. The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. The Florida Statutes contain misdemeanor exceptions to this rule.
A law enforcement officer may make a probable cause arrest without a warrant under the following circumstances:___ (pg. 52)
terminate the encounter, issue a notice to appear, or physically take the suspect into custody.
After an officer has developed probable cause, he or she has three choices:___ (pg. 53)
Notice to appear
a ___ is a written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. It may be used only under limited circumstances for misdemeanor offenses, municipal or county ordinance violations, and criminal traffic violations. (pg. 53)
Probable cause affidavit
A ______ is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. This document is used by the judge to determine if there was sufficient probable cause to detain the individual. (pg. 53)
Arrest affidavit
A probable cause affidavit is also called an ___. (pg. 53)
Fresh pursuit
___ is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. It is an exception to the general rule that a Florida officer's arrest powers are limited to the jurisdiction of the agency that employs the officer. (pg. 54)
Graham v. Connor (1989)
In ___ , the United States Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment.(pg. 55)
Tennessee v. Garner (1985)
In ___ the United States Supreme Court struck down a law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons. (pg. 56)
Deadly force
Florida law defines ___ as any force that is likely to cause death or great bodily harm. (pg. 56)
Firearm
The most common deadly force incidents involve the use of a ___. (pg. 56)
Miranda v. Arizona (1966)
In ___, the Court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain Constitutional rights. These rights include the right to remain silent and the right to have an attorney present when being questioned by law enforcement. (pg. 57)
Custody, interrogation, understanding, and free and voluntary waiving of rights.
There are four elements to the Miranda decision:___ (pg. 57)
Custody
___ means the suspect is deprived of freedom in a significant way. (pg. 57)
"Custodial interview"
Many agencies in Florida prefer the expression ___ to refer to the process of interrogating or questioning a suspect; however, Florida courts routinely use the term "interrogation." (pg. 58)
Interrogation
The elements of ___ include questioning initiated by law enforcement that is directly or indirectly intended to elicit an incriminating response. (pg. 58)
Spontaneous statements
Often, a suspect who is in custody will voluntarily give information even when not solicited through questioning. These statements, known as ___. (pg. 58)
Understanding
The officer must ensure that the defendant understands his or her rights, taking into account once identified concerns relating to the defendant's age, national origin, education, circumstances of the advising of rights, mental or physical disability, and whether or not the defendant is under the influence of an intoxicating substance. (pg. 59)
Waiver of Rights
Once the suspect has been advised of his or her Miranda rights, a ___ is required before questioning may commence. (pg. 59)
"a significant lapse of time"
If the suspect invokes only his or her right to remain silent, the officer may re-initiate the interrogation after.... (pg. 60)
unless the suspect's attorney is present.
If the suspect requests an attorney,the officer may not re-initiate the interrogation... (pg. 60)
14 days
If an in-custody suspect, in response to Miranda warnings, invokes his right to counsel, law enforcement may re-initiate contact with the suspect if the suspect experiences a break in police custody of at least... (pg. 60)
Corpus delicti
___ is the principle that the officer must determine whether the elements of a criminal act are present and have probable cause to believe that the person to be charged committed the crime. (pg. 61)
"body of the offense"
Corpus delicti is the Latin term meaning the ___. (pg. 61)
Intent
___ is defined as purposely doing what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet its outcome. (pg. 61)
General, specific, transferred, and criminal negligence.
Under criminal law principles, there are four basic classifications of intent: (pg. 61)
General intent
___ defines most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. (pg. 61)
General intent
In other words, for ___ crimes the only thing that needs to be proved is that the suspect intentionally committed the illegal act. (pg. 62)
Specific intent
___ requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act. (pg. 62)
Transferred intent
___ is present when an intentional act harms an unintended second victim. (pg. 62)
Criminal negligence
___ imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm. (pg. 62)
Recklessness
Criminal negligence is sometimes referred to as ___. (pg. 62)
Culpable negligence
Simple negligence cannot give rise to criminal
charges; it is only when that negligence is gross or flagrant that it reaches the level of
criminal responsibility called ___. (pg. 62)
Culpable negligence
____ is consciously doing an act that the person knew or should have known was likely to cause death or great bodily injury. (pg. 62)
Crime
Black's Law Dictionary defines a ___ as an act that the law makes punishable. (pg. 63)
Theft
1. The offender knowingly and unlawfully obtained or used or endeavored to obtain or use the property of another.
2. The offender did so with intent, either temporarily or permanently, to deprive
victim of his or her right to the property or any benefit from it with the intent
to deprive the victim of its use, or appropriate the property of the victim to his
or her own use or to the use of any person not entitled to it. (pg. 63)
Retail Theft
1. The offender knowingly did one of the following:
a. took possession of or carried away merchandise
b. altered or removed a label or price tag from merchandise
c. transferred merchandise from one container to another
d. removed a shopping cart from a merchant's premises
2. The offender intended to deprive the merchant of the possession, use, benefit,
or full retail value of the merchandise or shopping cart. (pg. 63)
Grand Theft and Petit Theft
Theft crimes are initially divided between... (pg. 63)
$300
If the property stolen is valued at less than $___, the offender commits the misdemeanor of petit theft. (pg. 63)
Robbery
1. The offender took the money or property from the victim or from custody of the victim.
2. Force, violence, assault, or putting in fear of violence was used in the course of the taking.
3. The property taken was of some value.
4. The taking was with the intent to permanently or temporarily deprive the victim
of his or her right to the property or any benefit from it. (pg. 64)
Robbery by Sudden Snatching
1. The offender took the money or property from the victim or from custody of the victim.
2. The property taken was of some value.
3. The victim was or became aware of the act in the course of the taking.
4. The taking was with the intent to permanently or temporarily deprive the victim
of his or her right to the property or any benefit from it. (pg. 64)
Carjacking
1. The offender took the motor vehicle from the victim or custody of the victim.
2. Force, violence, assault, or putting in fear of violence was used in the course of the taking.
3. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the vehicle or any benefit from it. (pg. 65)
Home Invasion Robbery
1. The offender entered the dwelling of the victim.
2. At the time that the offender entered the dwelling, he or she intended to commit robbery.
3. While inside the dwelling, the offender did commit robbery. (pg. 65)
Trespass—In Structure or Conveyance
1. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or person authorized by the owner or lessee, to depart and refuses to do so.
2. The structure or conveyance was in the lawful possession of the owner, lessee, or
other person authorized by the owner or lessee. (pg. 65)
Structure
___ means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. (pg. 65)
Conveyance
___ means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. (pg. 65)
Dwelling
___ means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile, or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night. (pg. 65)
Trespass—On Property Other than a Structure or Conveyance
1. The offender willfully entered upon or remained in the property.
2. The property was owned by or was in the lawful possession of the owner, lessee, or other person authorized by the owner or lessee.
3. Notice against entering or remaining was given, either by actual communication to the offender or via posting, fencing, or cultivation of the property.
4. The offender's entering or remaining in the property was without permission, expressed or implied, of the owner, lessee, or any other person authorized to give that permission. (pg. 66)
Burglary
1. The offender entered and/or remained in a structure or conveyance owned by or in the possession of the victim.
2. The offender did not have the permission or consent of the victim, or anyone authorized to act for the victim, to enter and/or remain in the structure or conveyance at the time.
3. At the time of entering and/or remaining in the structure or conveyance, the offender had a fully formed, conscious intent to commit the crime that is listed in the charge. (pg. 66)
Possession of Burglary Tools
1. The offender intended to commit a burglary or trespass.
2. The offender had in her or her possession a tool, machine, or implement that he or she intended to use or allow to be used in the commission of the burglary or trespass. (pg. 66)
Loitering or Prowling
1. The offender loitered or prowled in a place at a time or in a manner not usual for law-abiding
individuals.
2. Such loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (pg. 66)
Assault
1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
2. At the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place. (pg. 67)
Aggravated Assault
1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
2. At the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place.
4. The assault was made with a deadly weapon without the intent to kill, or the assault was made with the intent to commit a felony. (pg. 67)
Battery
1. The offender actually and intentionally touched or struck the victim against the victim's will.
2. The offender intentionally caused bodily harm to the victim. (pg. 67)
Felony Battery
1. The offender actually and intentionally touched or struck the victim against the victim's will.
2. The offender caused the victim great bodily harm, permanent disability, or permanent disfigurement. (pg. 67)
Aggravated Battery
1. The offender intentionally touched or struck the victim against his or her will or caused bodily harm to the victim.
2. The offender, in committing the battery,
a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or
b. used a deadly weapon, or
c. knew or should have known that the victim was pregnant. (pg. 68)
Domestic violence
___ is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. (pg. 68)
Family or household member
___ are spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (pg. 68)
Disorderly Conduct/Breach of Peace
1. The act was of a nature to corrupt the public morals.
2. The act outraged the sense of public decency.
3. The act affected the peace and quiet of persons who witnessed it.
4. The person charged engaged in brawling or fighting.
5. The person charged engaged (pg. 69)
Disorderly Intoxication
1. The offender was intoxicated and endangered the safety of another person or property.
2. The offender was intoxicated or drank any alcoholic beverage in a public place or in or upon a public conveyance and caused a public disturbance. (pg. 69)
Harass
___ means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. (pg. 71)
Cyber-stalk
means to engage in a course of conduct to communicate, or cause to be communicated,
words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. (pg. 71)
Sexual battery
___ means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. (pg. 71)
Consent
___ means intelligent, knowing, and voluntary consent and does not include coerced submission. (pg. 72)
Consent
___ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. (pg. 72)
Unnatural
___ means not in accordance with nature or with normal feelings or behavior. (pg. 72)
Lascivious
___ means a wicked, lustful, or unchaste, licentious, or sensual intent on the part of the person doing the act. (pg. 72)
Prostitution
___ means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity between spouses. (pg. 74)
Criminal Mischief
1. The offender injured or damaged property.
2. The property belonged to someone else.
3. The injury or damage was done willfully and maliciously. (pg. 74)
Willfully
___ means intentionally, knowingly, and purposely. (pg. 74)
Maliciously
___ means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person. (pg. 74)
Personal identification information
___ means a person's social security number, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicare or food assistance account number, bank account number, credit or debit card number, and medical records. (pg. 74)
Elderly person
___ means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired. (pg. 75)
Child Abuse
1. The defendant committed at least one of the following:
a. intentionally inflicted physical or mental injury upon the victim
b. committed an intentional act that could reasonably be expected to result in physical or mental injury to the victim
c. actively encouraged another person to commit an act that results in or could reasonably have been expected to result in physical or mental injury to the victim
2. The victim is under the age of 18. (pg. 76)
Human Trafficking
___ means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person. (pg. 77)
Witness
A __ is any person who has information about some element of the crime or about evidence or documents related to the crime. He or she may have heard statements or observed events before, during, or after the crime. He or she may have information about a piece of physical evidence associated with the crime or knowledge of some document related to the crime. (pg. 78)
Victim
A ___ is a person or entity which suffers an injury as a result of a crime. The injury may involve physical harm, loss of money, loss of property, or damage to property. (pg. 78)
Sate of Florida
Not all crimes have an identifiable victim. In victimless crimes, the victim is the ___. (pg. 78)
Suspect
A ___ is the person believed to have committed a crime. (pg. 78)
Suspect
An officer may identify a ___ directly by observing that person commit the crime, indirectly through statements or observations that witnesses provide, through the suspect's own statements, or by learning of the person's identity based on evidence collected while investigating the crime. (pg. 78)
Principal in the first degree
If the defendant who helped another person or persons commit or attempt to commit a crime and must be treated as if he or she had done all the things the other person or persons did. (pg. 79)
Accessory
An ___ is defined as a person who aids or contributes in the commission or concealment of a crime. (pg. 79)
Accessory after the fact
(1) An offender commits a felony. (2) After committing the felony, another person maintains or assists the offender. (3) While giving assistance, the person knows that the offender committed the felony. (4) The person assists with the intent of helping the offender avoid or escape detection, arrest, trial, or punishment. (pg. 79)
Attempt
___ is an offense when either the person did some act toward committing the crime that went beyond just thinking or talking about it; or the person would have committed the crime except that someone or something prevented him or her from doing so, or the person failed. (pg. 79)
Voluntary abandonment
is not a defense to a crime when the suspect decides not to pursue the crime because of unforeseen difficulties in completing the crime or when detection of the criminal activity is imminent. (pg. 79)
Solicitation
1. The offender solicited a person to commit a certain offense.
2. During solicitation, the offender commanded, enc uraged, hired, or requested the other person to engage in specific conduct which would constitute the commission of the offense or attempt to commit the offense. (pg. 79)
Conspiracy
1. The intent of the offender was that the offense (object of conspiracy) would be committed.
2. In order to carry out the intent, the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause (object of conspiracy) to be committed either by them, or one of them, or by some other person. (pg. 80)
Exculpatory evidence
___ is evidence that points to the suspect's or defendant's innocence in a trial. (pg. 81)
Alibi
An ___ is a suspect or defendant's claim that he or she was not present when the alleged act was committed. (pg. 81)
Mistake or ignorance of fact
___ is a legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances. (pg. 81)
Ignorance of the law
___- when a person believes that his or her conduct does not violate the law—is generally not recognized as a defense to criminal liability. (pg. 81)
Intoxication
___ is a legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offenses. (pg. 81)
Voluntary and Involuntary
Criminal law recognizes two types of intoxication. (pg. 81)
Voluntarily
A person who is ___ intoxicated is aware of ingesting the intoxicant, either alcohol or a controlled substance. (pg. 81)
Involuntary
___ intoxication occurs when an individual is unaware of ingesting the intoxicant, is tricked into ingesting it, or is following doctor's orders. (pg. 81)
Duress or coercion
This defense requires that the person committing the act must reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime. (pg. 82)
Use of force
A person may legally use force to defend against the use of force by another. (pg. 82)
Self-defense
___ is a common legal term that describes the justifiable use of force that is necessary to protect oneself. This same legal term also describes the justifiable use of force necessary for the defense of others. (pg. 82)
Forcible felony
___ include the following offenses: treason, murder, manslaughter, sexual battery, carjacking, home invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing placing or discharging of a destructive device, any other felony which involves the use or threat of physical force or violence against any individual. (pg. 82)
No retreat law
___ also establishes that an individual has "no duty to retreat" when faced with imminent harm, "has the right to stand his or her ground," and may "meet force with force, including deadly force when he or she reasonably believes it is necessary to do so to prevent death or great
bodily harm." (pg. 82)
Defense of property
___ is a common legal term describing a person's authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes is necessary to protect his or her possessions from trespass or theft or to stop these acts. (pg. 82)
Entrapment
___ occurs when a law enforcement officer uses undue persuasion or fraudulent means to induce a person to commit a crime he or she would not have otherwise committed. It can be used as a legal defense in these cases. (pg. 82)
Insanity
___ is defined legally as any mental disorder so severe that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility. (pg. 83)
Insanity
When using an ___ defense, the accused alleges that he or she suffered from a mental disorder at the time the crime was committed and that the disorder caused the commission of the crime. (pg. 83)
M'Naughten rule
A person is not criminally responsible if, at the time of the alleged crime, the defendant, by reason of a mental disease or defect, (1) does not know of the nature or consequences of his or her act; or (2) is unable to distinguish right from wrong. (pg. 83)
Mental incompetence
___ recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. (pg. 83)
Statute of limitations
___ bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred. (pg. 83)
at any time
Prosecution may begin ___ after the commission of a capital offense, a life felony, or a felony that resulted in death. (pg. 83)
within four years
Prosecution must begin ___ after the commission of a felony of the first degree. (pg. 83)
within three years
Prosecution must begin ___ after the commission of any other felony. (pg. 83)
within two years
Prosecution must begin ___ after the commission of a misdemeanor of the first degree. (pg. 83)
within one year
Prosecution must begin ___ after the commission of a misdemeanor of the second degree or a noncriminal offense. (pg. 83)
Evidence
___ is information that is allowed in court, while proof is the effect produced by that information. (pg. 84)
Direct and indirect
There are two primary types of evidence:___ (pg. 84)
Direct evidence
___ is that which proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact. (pg. 84)
Indirect evidence
___ requires an inference or presumption to establish a fact. (pg. 84)
Circumstantial
Indirect evidence is also known as ___. (pg. 84)
Testimonial, documentary, or physical.
Evidence presented in court can be placed into one of three primary categories:___ (pg. 84)
Testimonial evidence
___ is witness statements tending to prove or disprove facts about the case. (pg. 84)
Documentary evidence
___ is anything written or printed which is offered to prove or disprove facts pertaining to the case. It includes bank records, medical records, or a certified copy of a subject's driving history. (pg. 84)
Physical or real evidence
___ refers to actual objects which may be offered to prove facts about a case. (pg. 84)
Fruits of a crime
are the objects obtained by the defendant as a result of committing the crime. (pg. 84)
Instrumentalities
___ are the items used by the defendant to commit the crime. (pg. 85)
Contraband
___ is anything that is illegal to possess. (pg. 85)
Admissibility of evidence
___ refers to the legal requirements that must be met before a jury is allowed to see or hear about the evidence. (pg. 85)
Hearsay
___ is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (pg. 85)
Excited utterances
___ are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness. (pg. 85)
Criminal and Civil
The most recognized types of liability are ___ and ___. (pg. 87)
Criminal liability
___ occurs when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties. (pg. 87)
Civil liability
___ is responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence. (pg. 87)
Tort
A ___ is a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity. (pg. 87)
Negligence
___ is failure to use due or reasonable care in a situation that results in harm to another. (pg. 88)
Negligence
1) a duty to act with care, (2) breach of the duty to act, (3) causation or proximate cause, and (4) damages. (pg. 88)
Duty
A ___ is usually created by statute or contract. (pg. 88)
Breach of duty
___ means that the defendant unreasonably failed in the duty he or she was obligated to perform. (pg. 89)
Proximate cause
___ means that the breach caused the harm. (pg. 89)
Proximate cause
___ is the legal phrase for the link between the breach of duty and the harm caused (damages). (pg. 89)
Compensatory and punitive
There are two main categories of damages:___ (pg. 89)
Compensatory damages
___ are designed to compensate for the actual property damage, harm, or injury that
the plaintiff suffers. (pg. 89)
Punitive damages
___ are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant for his or her act and to warn others from doing the same act. (pg. 89)
Civil rights violation
A ___ is an unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law. (pg. 89)
Color of law
When an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation, he or she is acting under ___. (pg. 90)
Direct liability
___ arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's orders or policies. (pg. 91)
Vicarious liability
___ occurs when one person or entity is held liable for the negligent actions of another person
even though the first person or entity was not directly responsible for the injury. (pg. 91)
Omission
The term ___ means neglecting to perform what the law or duty requires. (pg. 92)
Sovereign immunity
is derived from the common law idea that the king and his agents can do no wrong. (pg. 92)
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. (pg. 92)
Qualified immunity
___ protects "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." (pg. 93)
Emergency doctrine
___ is a defense against liability that allows an officer to react instinctively to sudden peril without being held to the same legal standard of care as he or she would have been had there been time to reflect upon the circumstances. (pg. 94)
Writ of possession
A ___ will be issued by the court to the sheriff, who is then authorized to evict the tenant and put the landlord in possession of the residence after a prescribed notice period.
Default
If the borrower fails to pay the loan as agreed (called a ___), the creditor is entitled to possession of the collateral.
Writ of replevin
___ is a court order that entitles the creditor to possess
collateral after the borrower defaults.
Self-help repossession
___ is the process where a creditor may take possession of the collateral after default without a court order, if the repossession can be done without breach of the peace.
Motor vehicles
The most common type of property repossession is that of ___.
Child, juvenile, or youth
___ means any unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of services, or from a family in need of services; or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 years.
Juvenile sexual offender
___ is a child 12 years of age or younger who is alleged to have committed a violation of sexual battery, prostitution, a lewd and lascivious act, an act of sexual performance by a child, or an act of obscenity, or any violation of law or delinquent act involving juvenile sexual abuse