MPOETC Study Guide
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Ethical Decision Making Test
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Is my decision legal? Would my family approve? Am I following the golden rule? What would I do if I were being videotaped?
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Primary Jurisdiction
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Your municipality or a combination of municipalities
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5th Amendment
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Guarantees the right against self incrimination, right to due process, compensation for public taking of private property
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Miranda v. Arizona
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Comes from 5th Amendment. *Court case is on the test but I forget how its asked
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6th Amendment
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Guarantees right to speedy trial, right to counsel, and be confronted by the witnesses against you
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7th Amendment
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Guarantees the right to jury by trial and established the prohibition of \"double jeopardy\"
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8th Amendment
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Guarantees right to bail and excludes cruel and unusual punishment
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Civil Laws
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Custody/ child support Landlord/ tenant disputes Money not criminal
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Statutes
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Laws enacted by the legislature
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Codification
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Process of organizing laws
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Juvenile Justice
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Same as adult but purpose is to rehabilitate
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Beyond a reasonable doubt
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Criminal
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Beyond a preponderance of evidence
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Civil
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Four types of criminal intent
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Intentionally, Knowingly, Recklessly, and Negligently
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Intoxication or drugged condition
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Subsection 308 Not an excuse to a criminal charge unless murder charge. Makes it a lesser degree
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Criminal Conspiricy
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Subsection 903 Must have an agreement and a overt act
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Possessing Instrument of Crime
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Subsection 907 An instrument that can be used to commit a crime
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Gradings of Crime
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Summary Misdemeanor Felony
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Murder (differences of degree)
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1st- intentional killing 2nd- murder during the act of committing a felony 3rd- If not first or second its 3rd * Good info to know but not on exam
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Elements of Harassment
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Intent to harass Summary or misdemeanor
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Stalking
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Place someone in fear of bodily injury or to cause substantial emotional distress Misdemeanor or felony
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Can you be convicted of burglary and the underlying offense?
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No unless underlying offense is a felony of 1st or 2nd degree *Burglary and Robbery are key statutes to know!!!
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Criminal Trespass
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Section 3503 No intent to commit a crime
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Robbery
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Section 3701 Theft or attempted theft Assault or attempted assault
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Theft by deception
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Section 3922 Someone asks you to donate money to a corporation or charity and you pocket the money
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Theft of property, lost, mislaid, or delivered by mistake
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Section 3924 Finders keepers is not the law
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Retail Theft
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Section 3929 Take property that is being offered for sale by the store
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Theft of leased property
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Section 3932 You rent a car and don't return it
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Forgery
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Section 4101 Altering writing a check Printing your own money or checks
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Bad Checks
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Section 4105 Writing a check, knowing you don't have the money to cover costs
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False reports to law enforcement authorities
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Section 4906 Implicate somebody else for a crime Reporting a crime that didn't happen Burning your car and reporting it stolen
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Hindering apprehension or prosecution
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Section 5105 An accessory to someone to committed a crime. Have to know they committed a crime
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Disorderly Conduct
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Section 5503 Intentionally or recklessly causing public inconvenience Summary offense or M3 if they intent to cause serious inconvenience
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Loitering and prowling at night time
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Section 5506 Peeping toms
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Persons not to possess, use, manufacture, control, sell or transfer firearms
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Anyone convicted of a felony If you were convicted of simple assault you can still possess a firearm No waiting time in PA
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Purpose of Title 18
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Forbid or prevent conduct that harms people without justification
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Totality of Circumstances
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Examination of all the facts going into an arrest
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Three sources of Facts and Circumstances which can be used to establish Probable Cause for arrest
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Observation made by the officer Receiving information that the officer receives from others Ex. statements from witnesses Info that the officer receives through investigation
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Types of Warrants
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Body Warrant Warrant for fine and cost Duplicate Warrant Re-issued warrant John Doe warrant Bench Warrant *Also not on the test but good to know
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Custodial Detention
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An arrest
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Stop and Frisk Rule
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Outer layer of clothing, no pockets or schoolbags
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ARD
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DUI's and misdemeanor offenses
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Issuance of a Citation
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Officer has 5 days, defendant has 10 days
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Issuance of a Warrant
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When citation or summons is returned undelivered. Bench warrant received when citation or summons was given personally or by mail and has failed to appear for an execution of a sentence.
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Withdrawal of Charges in Summary Cases
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Officer can use discretion and withdrawal any number of citations before the closing of a summary trial
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Notice of Appeal
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Judge must notify defendant of their right to appeal. Trial de novo
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Instituting Proceedings in Court Cases
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Filing a written complaint or an arrest without a warrant
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Types of Release on Bail
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ROR Non-monetary Unsecured Bail Monetary Condition Nominal Bail
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Preliminary Arraignment
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First step in criminal justice system. Charges and evidence are brought forward to the court. Defendant must have prelim arraignment within a reasonable amount of time. Burden of proof is prima facie
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Information, Filing, Contents, Function
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Defendant is formally charged with criminal offenses
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Who holds the burden of proof in a criminal proceeding?
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Prosecution or Commonwealth
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Guilty Pleas
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A necessary requirement in CJ system. Expedites the system and saves money and time
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Terry Frisk
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Reasonable suspicion that criminal activity is afoot Reasonable suspicion that person is armed and dangerous Purpose: To conduct an investigation safely
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Power to search and seize comes from?
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Case Law US Constitution- 4th Amendment PA Constitution- Article 1 Section 8 Criminal Procedure
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Fruit of the Poisonous Tree Doctrine
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Illegally seized or found evidence will be suppressed
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Exceptions to the Exclusionary Rule
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Inevitable discovery (Nix v Williams) Good faith exception (US v. Leon). NOT IN PA
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Reasonable Expectation of Privacy
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On person, in home or business, on curtailage of home, and public place where privacy is implied
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Factors of Staleness
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Time lapse between information received and the warrant application
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To forego a \"knock and annouce\"?
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Occupants know police purpose Entry will imperil their safety Evidence is about to be destroyed
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Abandoned Vehicle
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Cannot be a pedalcycle Physically inoperable Left unattended for more than 48 hours Left on private property without consent of owner for more than 24 hrs
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Classic motor vehicle
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15 years old that can only be driven once a week
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Removal of Points
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12 consecutive months without any violations, 3 points removed
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Commercial motor vehicle
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26,001 pounds or more
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Criminal Proceedings shall be instituted by?
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Issuing a citation Filing a citation Filing a criminal complaint Arresting without a warrant
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Reports by Emergency Room Personnel
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Officer must have search warrant for results of blood test
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Field Sobriety Tests
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No law requires tests, merely added evidence
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CLEAN
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Commonwealth Law Enforcement Assistance Network. Used for vehicle information and driving license information
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Purpose of foot patrol
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Deter crime
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Cover vs. Concealment
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Cover- deflects projectiles Concealment- no physical protection but hides the officer
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Chain of Custody
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Recording evidence from time of commission to court case. Try to transfer number to a minimal
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Collecting semen and saliva
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Allow it to dry and put in paper bags
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Interview
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Non accusatory conversation
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Interrogation
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A conversation accusing the person of committing a crime
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Interrogation Technique
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Reid Nine Step Technique
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MPOETC doesn't believe ______ are important for identifying suspects?
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Mannerisms
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Live Line Ups
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Cannot refuse to participate, minimum of 6 people including suspect, may be required to speak and walk if needed
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Five different categories of controlled substances:
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Cannabis Narcotics Stimulants Depressants Hallucinogens
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Informant
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Any non-law enforcement person who supplies information revolving criminal activity
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Difference between witness and informant?
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Witnesses have no vested interest in the case
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Four contextual dimensions of communication are:
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Physical, Social, Psychological, Temporal
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Cycle of Violence Phases during Domestic Violence
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Tension Building Explosive Manipulative (Honeymoon stage)
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Laws of Evidence
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Rules governing the admissibility of evidence in a court of law
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Classifications of Evidence
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Direct or testimonial- evidence given by someone who has first hand information which is derived by that person through one of their five senses Real- physical evidence Demonstrative Evidence- maps, sketches, photos, etc. Circumstantial- indirect evidence or inference
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Discrediting a witness is known as:
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Impeachment
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Positional Asphyxia
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Subjects chest cannot expand
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For a person to be taken into custody under an involuntary commitment for an evaluation you must show that they are
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A danger to themselves or a danger to others
