Law Test Study Guide Flashcards

(36 cards)

1
Q

Level of proof needed to make an arrest, charge a crime, indict

A

Probable cause and sufficient evidence

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2
Q

All charging documents

A

Indictment, information, criminal complaint, post arrest complaint, and citation

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3
Q

Compel to court, do not compel to court on their own

A

Citation and a post arrest complaint

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4
Q

Know who issues/completes/does

A

Judge issues them, officers completes and does them

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5
Q

Know components of CJS and goal of each component

A

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

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6
Q

Officer needs to physically have warrant or summons on them True or False?

A

False. An officer can transcribe warrant/summons onto citation

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7
Q

Who owns and operates NCIC

A

FBI

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8
Q

Entire country jurisdiction is spent in 2 different levels

A

State and Federal

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9
Q

Constitutional roles of The Sheriff

A

Law enforcement, tax collection, election duties and service to the court

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10
Q

Constitutional roles of The Coroner

A

Determine the cause of death

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11
Q

The constitutional roles of The Constable

A

Service of civil papers, forceable detainer for eviction

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12
Q

In KY, names and hierarchy of courts, and whether each level has original or appellate jurisdiction

A

District Court - original jurisdiction
Circuit Court - original and appellate jurisdiction
Court of Appeals - appellate jurisdiction
Supreme Court - appellate jurisdiction

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13
Q

Who are the officers of the court and their common trait

A

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

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14
Q

Who has duties to inform victims of their rights

A

Law enforcement

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15
Q

Order of criminal trial

A
  1. Jury selection
  2. Opening statements
  3. Prosecutions case
  4. Defenses case
  5. Jury instructions
  6. Closing arguments
  7. Jury deliberation
  8. Verdict
  9. Sentence
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16
Q

In a criminal trial how many jurors must agree to convict?

A

It must be unanimous

17
Q

Defense is required to present evidence in a trial. True or False?

A

False. It is not the defenses job to provide evidence.

18
Q

Statutes of limitations

A

Felony - No time limit.
All other offenses - one year

19
Q

When can law enforcement arrest for felony?

A

Anytime there is a felony it is automatic arrest.

20
Q

Misdemeanors where law enforcement only need probable cause for arrest

A

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

21
Q

3 situations law enforcement may arrest for a misdemeanor - That normally you cannot

A
  1. It would be reasonable to conclude the subject would not appear in court
  2. The subject would be a danger to himself or others
  3. The subject refuses to follow a reasonable instruction given by a peace officer
22
Q

Difference between robbery 1st and 2nd

A

AND causes PI armed with DW or uses threatens with DI

23
Q

Elements of murder

A

Intended to cause death of another person, he causes the death of such person or of a third person

24
Q

List of deadly weapons

A
  1. WMD
  2. Gun
  3. Any knife other than pocket or hunting
  4. Club
  5. Blackjack/slapjack
  6. Nunchucks
  7. Death star/throwing star
  8. Artificial knuckles
25
Official full name of form law enforcement in Kentucky uses to write post arrest complaints on
Kentucky Uniform Citation
26
Kentucky law enforcement agencies that have state wide jurisdiction
1. KSP 2. Fish and Wildlife 3. Park Rangers 4. Water Patrol 5. Attorney General Investigators 6. Welfare Fraud Investigators 7. KY - ABC Agents 8. Horse Park Police 9. Charitable Gaming Investigators
27
Which agency has general law enforcement duties state wide?
KSP
28
General Federal law enforcement agency
FBI
29
List the part 1 crimes from the FBI
1. Homicide 2. Forceable rape/sodomy 3. Robbery 4. Aggravated Assault 5. Burglary 6. Larceny 7. Motor Vehicle Theft
30
Who's burden is it to establish whether the suspect appears in court or not?
The officers
31
Criminal Mischief 1st
Intentionally or wantonly defaces, destroys, or damages any property costing over $500 Felony
32
Criminal Mischief 2nd
Intentionally or wantonly defaces, destroys, or damages any property costing less than $500 Misdemeanor
33
Burglary 1st
With the intent to commit a crime they knowingly enter or remain unlawfully in a building and when entering, during or immediate flight therefrom is armed with an explosive or deadly weapon, causes physical injury to anyone who is not part of the crime, uses or threatens the use of a dangerous instrument on someone who is not part of the crime Felony
34
Burglary 2nd
With the intent to commit a crime they knowingly enter or remain unlawfully in a dwelling Felony
35
Burglary 3rd
With the intent to commit a crime they knowingly enter or remain unlawfully in a building Felony
36
Inchoate Offenses
Attempt - substantial step in a course of conduct Solicitation - commands or encourages another person to engage in specific conduct Conspiracy - a person having the intention of promoting or facilitating the commission of a crime with one or more persons and one of them engaging in an overt act to further the crime Everything is plead down a level