Law Test Study Guide Flashcards
(36 cards)
Level of proof needed to make an arrest, charge a crime, indict
Probable cause and sufficient evidence
All charging documents
Indictment, information, criminal complaint, post arrest complaint, and citation
Compel to court, do not compel to court on their own
Citation and a post arrest complaint
Know who issues/completes/does
Judge issues them, officers completes and does them
Know components of CJS and goal of each component
Component #1: Law enforcement
Goals: Prevent crime, investigate crime, apprehend criminal offenders
Component #2: Courts
Goals: Determine guilt, decide punishment, and due process
Component #3: Corrections
Goals: Carry out the punishment given to a defendant as a consequence of a criminal conviction
Officer needs to physically have warrant or summons on them True or False?
False. An officer can transcribe warrant/summons onto citation
Who owns and operates NCIC
FBI
Entire country jurisdiction is spent in 2 different levels
State and Federal
Constitutional roles of The Sheriff
Law enforcement, tax collection, election duties and service to the court
Constitutional roles of The Coroner
Determine the cause of death
The constitutional roles of The Constable
Service of civil papers, forceable detainer for eviction
In KY, names and hierarchy of courts, and whether each level has original or appellate jurisdiction
District Court - original jurisdiction
Circuit Court - original and appellate jurisdiction
Court of Appeals - appellate jurisdiction
Supreme Court - appellate jurisdiction
Who are the officers of the court and their common trait
The judge - presides over trials and other hearings, issues criminal process papers
Prosecutor - present evidence for prosecutions on behalf of the commonwealth
The Defense Attorney - represents the interests of the criminal defendant
Who has duties to inform victims of their rights
Law enforcement
Order of criminal trial
- Jury selection
- Opening statements
- Prosecutions case
- Defenses case
- Jury instructions
- Closing arguments
- Jury deliberation
- Verdict
- Sentence
In a criminal trial how many jurors must agree to convict?
It must be unanimous
Defense is required to present evidence in a trial. True or False?
False. It is not the defenses job to provide evidence.
Statutes of limitations
Felony - No time limit.
All other offenses - one year
When can law enforcement arrest for felony?
Anytime there is a felony it is automatic arrest.
Misdemeanors where law enforcement only need probable cause for arrest
DUI
DUI Commercial MV
Assault 4th
Fail to comply with sex offender registry request
Violation or EOP, DVO, TIPO, or IPO
Violations of condition of release
Violation of stalking restraining order
Shoplifting
3 situations law enforcement may arrest for a misdemeanor - That normally you cannot
- It would be reasonable to conclude the subject would not appear in court
- The subject would be a danger to himself or others
- The subject refuses to follow a reasonable instruction given by a peace officer
Difference between robbery 1st and 2nd
AND causes PI armed with DW or uses threatens with DI
Elements of murder
Intended to cause death of another person, he causes the death of such person or of a third person
List of deadly weapons
- WMD
- Gun
- Any knife other than pocket or hunting
- Club
- Blackjack/slapjack
- Nunchucks
- Death star/throwing star
- Artificial knuckles