Part 1 Flashcards

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1
Q

when was the constitution writren

A

the constitution was written in 1787 and estifed in 1789. with 7 articles and 27 amendments

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2
Q

The purpose of the constitutiin

A

The constitution create the government. The constitution sets limits on government. Both a state and federal government exist.

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3
Q

3 Branches of government

A

Legislative - makes laws. Executive- carries out laws. Judicial- Interpet laws

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4
Q

what are the 3 Branches of goverment

A

Legislative - makes laws , Excecutive - carries out laws , Judical- Interpet Laws

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5
Q

The Bill of rights

A

Are the first 10 amendments

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6
Q

As a peace officer the amendments we focus on are

A

The first amendment , The fourth amendment, The fifth amendment, The sixth amendment, The eight amendment, and The fourteen amendment.

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7
Q

what is the first amendment

A

R.A.P.P.S freedom of RELIGION,peaceful ASSEMBLY,PETITION ,PRESS, SPEECH

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8
Q

There are limits of freedom of speech

A

protected speech and unprotected speech

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9
Q

what is protected speech

A

public places, offensive speech in public, hate speech is generally protected

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10
Q

what is unprotected speech

A

Incitement - speech that causes riots of a large audience. Fight words- causes physical altercation. Hostile audience.

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11
Q

Fourth Amendment

A

Protects against unreasonable search a seizures. warrant shall be issue but upon having probable cause.

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12
Q

Fifth Amendment

A

Protects against self incrimination, double jeopardy, and with out due process of law.

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13
Q

Sixth Amendment

A

The right to a speedy public trial, right to be informed of nature and cause of accusation, right to confront witnesses against you, and the right to have assistance of counsel for defense

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14
Q

Eight Amendment

A

Protects against cruel and usual punishment and Excessive bail

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15
Q

The Fourteen Amendment

A

The fourteenth amendment is not apart of the bill of rights. All these laws applies to everyone.Any state cannot deprive any person of life ,liberty, or property.

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16
Q

criminal court

A

People vs Defendant, Beyond a reasonable doubt

17
Q

Civil court

A

Plaintiff vs Respondent and preponderance of evidence.

18
Q

Supreme courts

A

handles mostly civil disputes and a limited number of felony .

19
Q

Federal courts

A

have jurisdiction over national matters

20
Q

Federal court systems

A

Supreme court,District court of appeal, Circuit court, County court.

21
Q

Prosecution

A

prosecutes all alleged violation of the penal law that takes place within the goverment . ( They represent the people)

22
Q

Defense

A

you must be provided counsel you will get a public defender if you can’t afford one.

23
Q

Indictment

A

Charged by a grand jury

24
Q

Plea

A

choose guilty or not guilty when charge with a crime

25
Q

Trial Jury

A

Criminal court 6 jurors, Supreme court 12 jurors 2to 4 alternates are choosen

26
Q

Grand jury

A

16-23 people, 12 votes needed to pass true bill, Term is 30 days, and proceedings are in secret.

27
Q

Jury or Judge trial

A

Any person who has to answer to any charges is entitle to be judged by a jury of his or her peers. A person may wave their right to a trial and have a judge decide the case.

28
Q

Misdemeanor trial

A

6 jurys

29
Q

Felony trial

A

12 jurors

30
Q

Grand Jury proceeding

A

Closed to the public. Only assistant district attorney, witnesses allowed. Attorneys for the defense cannot be present at a grant jury trial.

31
Q

peace officer status

A

Status -Section 2.10 of the criminal procedure law . A person designated as a peace officer line 27 Urban Park Ranger. Power - Section 2.20 of the criminal procedure law. (status before Power).

32
Q

Geographical area (jurisdiction)

A

Section 20.10 geographical area of employment New York city parks.

33
Q

Discretionary powers

A

Warn, Summons,Arrest, *Although you possess the authority and ability to do something you may choose not to act to the full extent of authority at all times.

34
Q

when do you use Discretionary Powers

A

limited resources, ambiguity and wide range or scope of criminal status, conflicting demands of public, and change of societal norms

35
Q

Ethics

A

Doing the right thing even when no one is watching

36
Q

Excessive force

A

Excessive force is a force that cannot be justified