Semester review Flashcards
(190 cards)
1
Q
Common stressors for police
A
- stress internal/external to agency- stress in work itself- stressors confronting individual officers- family and personal- stressors related to law enforcement career journey
2
Q
Cardiovascular fitness, flexibility, muscular endurance, muscular strength and body composition are examples of what?
A
Physical Fitness
3
Q
List the transition phases of dealing with traumatic incidents and their impact
A
Denial, Anger, Bargaining, Depression, Acceptance
4
Q
In an officer related shooting, which transitional phase may be brief or non-existent, because of the necessity to deal with the aftermath?
A
Denial phase
5
Q
What does physical fitness impact?
A
Physical health, Emotional health, Job performance
6
Q
Describe the foundation of physical fitness
A
Proper nutrition and exercise
7
Q
What is at the peak of the wellness pyramid
A
Self-Responsibility
8
Q
What provides the main energy source for the brain
A
Carbohydrates
9
Q
consists of a person’s health and disease status and risk potential
A
wellness
10
Q
Wellness continuum ranges from
A
death –> optimal health
11
Q
prolonged long-term unrelieved stress
A
chronic stress
12
Q
short-term stress with a quick resolution
A
acute stress
13
Q
This type of policing includes: - working with the community- focus on solving community problems- rely on citizens to handle more of their minor concerns- promotes the use of technology- decentralized, personalized police service
A
community-based policing
14
Q
what battle ended Mexico’s 100-year reign over Texas
A
Battle of San Jacinto
15
Q
state of mind that allows someone to face danger with self-possession, confidence, and resolution with bravery and valor
A
courage
16
Q
the ethical role is performed by being _________ and _________ in personal behavior in functioning as a representative of the criminal justice system
A
Objective and Ethical
17
Q
what is the penalty for not reporting the death of a prisoner in custody
A
Class B Misdemeanor
18
Q
o A public servant acting under color of his office or employment commits an offense if he: intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or intentionally subjects another to sexual harassment
A
Official Oppression
19
Q
Official Oppression is a __________ offense
A
Class A Misdemeanor
20
Q
What are the 3 components of the criminal justice system
A
police, courts, and correctional system
21
Q
The power or authority to search with or without a warrant or consent is forever changing and is based on ____________
A
case law
22
Q
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law
A
3rd Amendment
23
Q
Right to speedy and public trialconfronted by witnesses against himright to have assistance of counselright to cross-examine witnessesentitled to unbiased jury
A
6th Amendment
24
Q
Protection against unreasonable searches and seizures of a citizen’s person, house, papers, and effects
A
4th Amendment
25
Protection from excessive fines and cruel or unusual punishment is defined in the ______ Amendment
8th Amendment
26
Powers not identified by the Constitution belong to the states or to the people
10th Amendment
27
Citizens of each state are also citizens of the US
14th Amendment
28
This amendment protects a subject against double jeopardy and protection from being a witness against himself
5th Amendment
29
Rights not identified in the Constitution belong to the people
9th Amendment
30
protection from punishment for actions that are later made illegal is _____________________ and is found in Section ___ Clause ___
ex post factosection 9 clause 3
31
protection from imprisonment without a formal trial is also known as privilege to ___________ and is found in Section ___ Clause ___
habeas corpussection 9 clause 2
32
If a person is arrested and charged with a Class B driving while intoxicated, which of the following courts would preside over the case?
County
33
Cases appealed at the municipal and JP courts level move to the ___________ court level
county
34
__________ courts have original jurisdiction in criminal cases of the felony grade
District
35
right to a formal trial FREE FROM DELAY is found under what amendment
6th Amendment
36
small claims, and juvenile court are handled as what type of case
Civil
37
The U.S. Supreme Court has jurisdiction over what type of cases
Civil and Criminal
38
Deprivation of Life, Liberty, or property without due process of law, from the Texas Constitution mirrors what amendment to the U.S. Constitution
5th Amendment and 14th Amendment
39
Which of the Amendments to the U.S. Constitution involves your rights in civil proceedings?
7th Amendment
40
Divorce is handled through __________ court
District
41
Which court has final jurisdiction in criminal cases
Court of Criminal Appeals
42
Which court has final jurisdiction in civil cases and juvenile cases
Texas Supreme Court
43
Tennessee V Garner involved _________and pertains to the _______ Amendment
application of deadly force as a seizure 4th Amendment
44
Miranda V Arizona pertains to the ________ Amendment
5th Amendment
45
Duran V Douglas involved _________ and pertains to the _____ Amendment
Obscene hand gestures at a police officer who responded by detaining and arresting the plaintiff and his wife1st Amendment
46
The purpose of __________ regulates the conduct of individuals through threats of fines and imprisonment
criminal law
47
The purpose of _________ defines the legal significance of public and private acts and regulates conduct through injunctions and the award of money damages
Civil Law
48
an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts
Prejudice
49
Is a way of thinking and acting based on tradition. Learned behavior passed down from one generation to another
Culture
50
A law enforcement initiated action; based on an individual's race, ethnicity, or national origin, rather than on the individual's behavior; or on information identifying the individual as having engaged in criminal activity
Racial Profiling
51
Exhibiting characteristics that indicate ownership of somebody or something
Proprietary Claims
52
Is the act of regarding one's culture as the center of the universe and hence as the basis for all comparisons with other cultures
Ethnocentrism
53
Refers to shared culture and background. Members of an ethnic group usually have common ancestry and generally share language, religion, and other cultural patterns
Ethnicity
54
prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior
Racism
55
Is to act on the basis of prejudice
Discrimination
56
Generally, refers to groups of people with common ancestry and physical characteristics
Race
57
provides an outlet for projecting one's tensions and frustrations onto other people
Projection
58
symbolizes one's affiliation with a more dominant group
Authoritarian Personality
59
fundamental requirement made of all peace officers.
Impartiality
60
How many cultural groups and typologies of Latino/ Hispanics?
25 cultural groups7 typology
61
what factor is critical to the continued existence of our democratic form of government
impartiality
62
to act on the basis of prejudice
discrimination
63
a belief that one's own race is superior
racism
64
Inspectors of the United States Postal Inspection Service are considered ______________
special investigators
65
Mayors and recorders of the municipal courts of incorporated cities or towns are considered _____________
magistrates
66
Which of the following are peace officers in Texas?a. municipal park and recreational patrolmenb. fire marshalsc. railroad peace officersd. inspectors of US postal service
All are peace officers EXCEPT (d)
67
How long do you have to present a felony indictment?
3 years
68
How long do you have to present a charge for securing execution of documents by deception
7 years
69
Duties of a peace officer
- preserve the peace - prevent or suppress crime- arrest without warrant when authorized - take possession of a missing child
70
A written order from a magistrate directing a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law
Warrant
71
Time limitation to present an indictment for a misdemeanor?
2 years
72
requisites of a warrant:
- issued in the name of "The State of Texas"- specify the name of the person- state the offense- signed by magistrate
73
refusing to obey a subpoena in a Felony case is constitutes a fine of _______
$500
74
refusing to obey a subpoena in a Misdemeanor case constitutes a fine of _______
$100
75
Writ issued by the judge of the court or clerk, directed to any peace officer, commanding him to arrest a person accused of an offense, and bring him before the court immediately
Capias
76
commands a witness to bring before the court any evidence in the form of writings or other thing desired, he may have in his possession
Subpoena Duces Tecum
77
written statement of a grand jury, accusing a person of some act or omission which is declared to be an offense
Indictment
78
written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with an offense
Information
79
A police officer may seize property felt during a frisk when he has _____________________, from the ________ of the object, that it is contraband or other evidence of a crime
- probable cause to believe- feel
80
Chimel V California
search of areas within the person's immediate control
81
probable cause for a search warrant must be based on
articulable facts
82
What is the Carroll Doctrine
vehicles can be searched without a warrant if probable cause exists to believe that the vehicle contains contraband
83
____________________ is the idea that evidence obtained after illegal government action will be excluded from evidence
fruits of the poisonous tree
84
Vehicle inventories are done in order to;
- protect owner's property- Protection of the police against claims or disputes over lost or stolen property- Protection of the police from potential danger
85
Illinois V Gates
totality of the circumstances
86
A Terry Frisk is done when there is _______________ that the subject is armed and dangerous
reasonable suspicion
87
The surrender, desertion, relinquishment, disclaimer, or cession of property or of rightsThe voluntary relinquishment of control of property
Abandonment
88
What is an Examining Trial used for
determine whether probable cause exists to send a felony case on to the grand jury
89
conscious objective or desire to engage in the conduct or cause the result
Intentionally
90
aware that his conduct is reasonably certain to cause the result
knowingly
91
aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur
recklessly
92
he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
criminal negligence
93
if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both
party to an offense
94
what constitutes a Short barreled Firearm
Rifle barrel length of < 16 in. or shotgun barrel length of < 18 in. or any weapon made and altered that has an overall length of < 26 in
95
Objective of the Code
Insure public safety through? Deterrence, rehabilitation, and punishment to prevent recidivism Definition and grading of offenses Penalties proportionate to the crime Safeguard guiltless conduct Guide and limit the exercise of discretion Define scope of state interest
96
_______________includes consent by a person legally authorized to act for the owner
effective consent
97
When does conduct constitute an offense
When it is defined as an offense by statute, municipal ordinance, order of a county commissioner's court, or rule authorized by and lawfully adopted under a statute
98
3 or more persons who collaborate in carrying out criminal activities
criminal combination
99
Agrees with one or more persons that a felony be committed/ includes at least 2 people
criminal conspiracy
100
Valuation Ladder: A Misdemeanor
750 - 2,500
101
Valuation Ladder: C Misdemeanor
0 -100
102
Valuation Ladder: B Misdemeanor
100 - 750
103
Valuation Ladder: SJF
2500 - 30,000
104
Valuation Ladder: Felony 1
300,000
105
Valuation Ladder: Felony 3
30,000 - 150,000
106
Valuation Ladder: Felony 2
150,000 - 300,000
107
Punishment Ladder: 1st Degree F
5 - 99 $10,000
108
Punishment Ladder: 3rd Degree F
2 - 10 $10,000
109
Punishment Ladder: 2nd Degree F
2 - 20 $10,000
110
Punishment Ladder: SJF
180 days - 2 years $10,000
111
Punishment Ladder: Misdemeanor C
$500
112
Punishment Ladder: Misdemeanor A
1 year $4,000
113
Punishment Ladder: Misdemeanor B
180 days $2,000
114
to be culpable for an offense you have to ______________ engage in the conduct
voluntarily
115
The Texas Penal Code does not ________, or __________, or otherwise affect a right or liability to damages in a ________ suit for conduct this code defines as an offense
- bar, or suspend-civil suit
116
A person commits an offense if he intentionally gives a false or fictitious name, address, or date of birth to a peace officer who has lawfully arrested or detained the person
Failure to Identify
117
Enters or remains on or in property, including an aircraft or vehicle, or another without effective consent
Criminal Trespass
118
"enter" in criminal trespassing means
extrusion of the entire body
119
intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbancerecklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist
Hindering Proceedings
120
knowingly engages in any of the following acts in a public place;if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his acts of sexual intercourse, deviate sexual intercourse, sexual contact, or bestiality
Public Lewdness
121
intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person, & requested the information
Failure to Identify
122
A person commits an offense if; with a child younger than 17 YOA engages in sexual contact with the child; or causes the child to engage in sexual contact; orwith intent to arouse or gratify the sexual desire of any person exposes the person's anus or any part of the person's genitals, knowing the child is present; or causes the child to expose the child's anus or any part of the child's genitals.
Indecency with a Child
123
Without effective consent of the owner, enters a habitation or building (or any portion of a building) not then open to the public and commits or attempts to commit a felony, theft, or assault
Burglary of Habitation
124
"Enter" in burglary of habitation means to
intrude any part of the body or any object connected with the body
125
Commits assault with serious bodily injury or while using or exhibiting a deadly weapon during the commission of the assault
Aggravated Assault
126
Robbery become aggravated if;
causes serious bodily injury, uses/exhibits deadly weapon, or against victim > 65 YOA or disabled
127
Acting other than as a prostitute, knowinglyReceives money or other property in agreement to participate in the proceeds of prostitution, orsolicits another to engage in sexual conduct with another person for compensation
Promotion of Prostitution
128
A riot consists of _________ people
7 or more people
129
Intentionally or knowingly causes the penetration of Anus or sexual organ of another by any means without consent Mouth of any person by the sexual organ of the actor without consent Causes the sexual organ of another person To contact or penetrate the mouth, anus, or sexual organ of another, including the actor, without consent
sexual assault
130
Sexual Assault becomes aggravated if;
- victim is < 14, > 65, or disabled- use of drugs i.e. "date rape" - uses/exhibits deadly weapon- causes/attempts SBI- causes/threatens death, SBI, or kidnapping of anyone- places victim in fear of death, SBI, or kidnapping
131
Public servant who act under color of law, intentionally ? Subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful? Denies or impedes another in exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful? Subjects a person to sexual harassment
Official Oppression
132
How many validated clues are there for the HGN test?
3 for each eye (total of 6) (4 to confirm)
133
How many validated clues for the walk and turn?
8 total (2 to confirm)
134
Define HGN
horizontal gaze nystagmus- involuntary jerking of the eyes as the eyes gaze toward the side
135
What happens during Detection phase 1 of a DWI stop
- vehicle in motion- should I stop this vehicle?
136
What happens during Detection phase 2 of a DWI stop
- personal contact- should the driver exit?
137
What happens during Detection phase 3 of a DWI stop
- Pre-arrest screening- should I arrest?
138
While enforcing a divorce decree, it is the officer's duty to use ____________________ to enforce the terms of child custody specified in the order
reasonable efforts
139
o with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding to; testify falsely withhold any testimony, information, document, or thing absent himself from an official proceeding to which he has been legally summoned abstain from, discontinue, or delay the prosecution of another
Tampering with Witness
140
a written or oral ruling by the court
Motion
141
(latin for: no goods) a form of return when a judgement debtor has no seizable property within the jurisdiction
Nulla Bona
142
for one's self; on one's own behalf without a lawyer
Pro Se
143
temporary seizure or setting aside of specific property to which a party to a suit has claim of ownership
Sequestration
144
to re deliver goods that have been seized by an officer to the original possessor of them, upon the original possessor giving security conditioned on prosecuting an action to determine the legality of the seizure
Replevy
145
commands a person to desist or refrain from the commission or continuance of the act enjoined or to obey & execute such order as the court has seen proper to issue
Injunction
146
What happens if a constable fails or refuses to execute and return according to law process, warrant or precept
$100 fine that goes to the benefit of the injured person
147
What is the distance from a school where it would be an offense to be in possession of an open container
1000 feet
148
Does a Peace Officer have to have a search warrant to search a business licensed by TABC
No
149
The requirement for signage at a licensed establishment for "Off-Premise"
Weapons Warning Sign (Blue) Consumption Warning Sign Public Information/Complaint Sign National Human Trafficking Hotline Number (English and Spanish)
150
The requirement for signage at a licensed establishment for "On-Premise"
Weapon warning sign (Red 51%) Public information/complaint sign National human trafficking hotline number (English and Spanish) Health risk warning sign
151
A peace officer who makes a seizure under section 103.03 of this code shall make a report in _____________ which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized
triplicate
152
An alcoholic beverage as defined by TABC is one that contains _________ percent of alcohol by volume
one-half of one percent
153
child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency
abducted child
154
Is a Directive to Apprehend subject to the appeals process
No
155
Any person having ________________ that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report
cause to believe
156
How long does a professional have to report child abuse or neglect
48 hours
157
How long can you detain a child in a juvenile processing office
6 hours
158
On the issuance of a directive to apprehend, any law-enforcement or probation officer ___________take the child into custody
shall
159
Highest % of LE crashes happen where
Intersection
160
Which is second to intersections for LE Collisions
Backing
161
Driver attitude, skills, vehicle capabilities, and driving conditions are all elements of ________________
defensive driving
162
Which of the following is not a method of good problem solvers?a. concern for accuracyb. positive attitudec. avoiding guessingd. double checking your worke. breaking the problem into partsf. activeness in problem solving
d. double checking your work
163
In the SARA model, this step includes:The identification of a cluster of similar, related or recurring incidents through a preliminary review of information
Scanning
164
In the SARA model, this step includes:The execution of a tailored set of actions that address the most important findings of the problem analysis phase and focus on at least two of the following: (1) preventing future occurrences by deflecting offenders; (2) protecting likely victims; or (3) making crime locations less conducive to problem behaviors
Response
165
In the SARA model, this step includes:The use of several sources of information to determine why a problem is occurring, who is responsible, who is affected, where the problem is located, when it occurs and what form the problem takes
Analysis
166
In the SARA model, this step includes:The measurement of the impact(s) of the responses on the targeted crime/disorder problem using information collected from multiple sources, both before and after the responses has been implemented
Assessment
167
The steps on the SARA model in order are:
ScanningAnalysisResponseAssessment
168
the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action
critical thinking
169
3 elements of the crime triangle
offender, location, victim
170
making inferences about what we see
observing
171
A temporary order until a hearing is held is called a _________It is valid for only ______ days
- ex parte order- 20 days
172
Which of the following can a protective order NOT prevent the offender from doing?a. Committing family violenceb. Communicating directly with a person protected or a threat through any person c. Going to or near the residence or place of employment of the protected persond. Going to or near the residence, child-care facility, or school of a protected childe. Engaging in conduct that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the personf. Possessing a firearm
The protective order CAN prevent the offender from doing all of these
173
Who can make an application for a protective order
- adult member of the family or household- prosecuting attorney - DPRS
174
Means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measure to protect oneself
dating violence
175
Abuse committed against a family member that results in threats or bodily injury
family violence
176
when a toxic substance enters the body in a short period of time is called ______________ exposure
acute
177
occurs when you are repeatedly exposed to the same toxic substance over a long period of time is called ___________ exposure
chronic
178
What language must hazmat labels be written in
English
179
What did NFPA do
Developed a marking system for HAZMAT
180
What conditions INC the likelihood of being exposed to a hazmat event?
heat and poor ventilation
181
Whren V US
Pre-textual traffic stops when the officer has observed a traffic violation or has probable cause to believe that criminal activity has been, or is, taking place
182
What do agencies have to have as a part of their policies in reference to racial profiling
- clearly define acts constituting racial profiling- strictly prohibit- implement complaint procedure- provide public education- require appropriate corrective action be taken
183
Where do most race based complaints come from
traffic stops
184
a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior
racial profiling
185
Where in Texas law does it specifically state that officers are prohibited from racially profiling
CCP 2.131
186
The ability of a person to assert an interest in seized or forfeited property. A legal concept that a person has an ownership or possessory interest in property so as to exercise dominion and control over it
Standing
187
2 reasons for forfeiture
- protect the public from harmful products- protect the public from the property of criminal enterprise
188
When was SB 563 passed
May-01
189
3 defenses to Forfeitures:
- Innocent owner (non-consentual)- family violence- dismissal or acquittal of related charges
190
The intention of asset forfeiture is for it to be _____________ and not ______________
- remedial in nature- not a form of punishment
