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UHD BPOC Exam 8
BPOC Study guide
93
Criminal Justice
Not Applicable
03/15/2018

Additional Criminal Justice Flashcards

 


 

Cards

Term

BPOC 2.1.2.  

 

What did August Vollmer want to do to policing?

Definition

He wanted to bring professionalism to the police

Term

 BPOC 2.1.6. 

 

How many principles of community policing are there?

Definition
Ten
Term

     BPOC 2.1.5. 

 

What is the traditional Police Service Model?

Definition

 

Reactive response

Incident driven

Use of the criminal justice system

Use of aggregate statistics

Lack of community and employee involvement in decision making process

Citizens and employee high expectations

 

 

The use of specialized units

 

Term

 BPOC 2.1.6.

 

How does community policing directly affect quality of life in a community?

Definition

o   Reducing fear

o   Establishing trust and harmony

o   Exchanging information to strengthen rapport and enhance safety

o   Assisting in identifying and resolving problems

o   Clarifying responsibilities on behalf of citizens and P.O.

o   Help define service needs

Term

 BPOC 2.2.3.

 

What are the characteristics of the police subculture?

Definition

o   Issues of Mortality

o   Own Police Jargon

o   Solidarity and Social Cohesiveness

o   Isolation from outside police force

Term

 BPOC 1.1.1

 

Wellness definition

Definition

o   A person’s health/disease status and risk potential, ranging from death-optimum well-being.

o   Wellness goes beyond performance, a person can be physically fit but not well.

Term

BPOC 1.1.3.

 

Principles of an exercise program.

Definition

o   Progressive overload

o   Regularity and recovery

o   Specificity

o   Balance

o   Safety       

Term

 BPOC 1.1.4.

 

What does FITT stand for?

Definition

o   Frequency

 

o   Intensity

 

o   Time and Type

 

Term

BPOC 26.1.4 

 

Types of abuse in family violence

Definition
  • Physical 
  • Sexual 
  • Emotional
Term

BPOC 26.1.3.

 

Real Reason for violence in family violence

Definition
  • Power and control wheel
  • Offender does it in order to maintain the power and control in the family
Term

FC 771.003. Family definition

 

Definition
  • Individuals related by consanguinity or affinity, former spouses, parents of a child without marriage.
  • Foster child and foster parent without regards to whether individuals reside together
Term
FC 71.0021. Dating relationship definition
Definition
  • Relationship between individuals, who have or have had continuing relationship of romantic or intimate nature based on:
  • Lengthy of relationship
  • nature relationship; and
  • frequency and type of interaction between the persons involved in relationship
Term

TC 545.156 

 

What does a vehicle approached by an emergency vehicle required to do?

Definition
  • Yield the right of way
  • Immediately drive to position parallel and as close as possible to the right hand edge or curb of the roadway clear of any intersection
  • Stop and remain standing until emergency vehicle has passed
Term

TC 541.002

 

Peace Officer Definition

Definition
  • An officer authorized to direct traffic or arrest persons who, violate traffic regulations
Term

TC 546.001

 

What does permissible conduct allow?

Definition
  • Operator of an emergency vehicle may:
  • drive pass stop signs, red lights, in whatever direction, after slowing for safe operation
  • park wherever/whenever
  • Exceed maximum posted speed limit as long it does not endanger life/property
Term

TC 545.412 

 

Child passenger safety seat requirements?

Definition
Younger than age of 8yoa unless the child is 4ft 9in
Term

TC 545.404

 

When may a driver leave a vehicle running and unattended?

Definition
When the vehicle has a remote to start
Term
What traffic control device does not required a drive to yield?
Definition
A flashing  yellow light
Term

TC 545.302

 

How close can you park to a fire hydrant?

Definition
Within 15ft
Term

TC 545.424

 

What can a licensed driver under the age of 18 do?

Definition

What they can do:

 

  • may not use wireless communication device, unless in emergency
  • drive after midnight and before 5am; unless work/school/medical related activities
  • with no more than 1 passenger under the age of 21 years, who is not family
Term

BPOC 7.1.

 

When does a consensual encounter occur?

Definition

Brief conversation between the civilian and officer. During the contact the civilian is free to leave and not obligated to answer any questions

 

Term
A frisk is used to detect what according to Terry v. Ohio?
Definition
A weapon
Term

Article 11.22 

 

Restraint definition 

Definition
One person exercises control over another, not to confine him within certain limits, but to subjects him to general authority and power of the person claiming such a right
Term

Article 18.16

 

Whose responsibility is prevent the consequences of theft?

Definition
Anyone!
Term
Which case established the "exclusionary rule"?
Definition

Mapp V. Ohio

 

Cannot use evidence obtain from illegal searches or seizures

Term
Which case established the "the fruit of the poisonous tree"?
Definition
Wong Sun v. United States
Term

Article 15.22 

 

Arrested definition and examples

Definition
A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
Term
What can a peace officer do with mere suspicion?
Definition
Approach and question of the person until P.O. obtains more information to become a reasonable suspicion
Term
Suspicion Definition
Definition
The act of imagining or of doubt or apprehension of something without proof, or on sight evidence
Term

Article 2.13

 

Duties and powers, what are the duties of a peace officer?

Definition
  • Preserve the peace within their jurisdiction
  • Interfere without warrant (When authorized) to prevent/suppress crime
  • Execute all lawful process issued by magistrate/court
  • Give notice to some magistrate all offenses committed within their jurisdiction
  • It is the duty of every officer to take possession of a child under Article 63.009(g)
Term

Article 2.27 

 

Investigation of certain reports alleging abuse, what is required of a peace officer concerning if allegations of imminent death or serious harm to juvenile is made?

Definition
Shall investigate jointly with the department/agency responsible for conducting  investigation
Term

Article 4.01 

 

Which courts have criminal jurisdiction?

Definition
  • The Court of Criminal Appeals
  • Court of Appeals
  • The District Courts
  • The Criminal District Courts
  • The Magistrates appointed by the Judges of the District Courts of particular County
  • The County Courts
  • All County Courts at Law with Criminal Jurisdiction 
  • County Criminal Courts 
  • Justice Courts
  • Municipal Courts
Term

Article 59.03 

 

When can a peace officer seize property without a warrant?

Definition
  • Owner/operator/agent in charge of the property knowingly consents 
  • Incident to a search the owner/operator/agent in charge of the property knowingly consents
  • The property is a seizure that has been the subject of a prior judgement in favor of the state
  • Incident to a lawful arrest/lawful search/lawful search to incident to arrest
Term

Artilce 4.01

 

Which court has original jurisdiction of all misdemeanor of which exclusive jurisdiction is not given to the justice court?

Definition

Jurisdiction of County Courts:

 

Shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to imposed shall exceed $500

Term

Article 4.14

 

Municipal court has exclusive jurisdiction ot what type of criminal cases?

Definition

Under the Ordinances of Municipality and fine not to exceed: 

 

  • $2000 that govern fire safety, zoning, or public health and sanitation, other than dumping of refuse;
  • $4000 under municipal ordinances that govern dumping of refuse; or 
  • $500 in all other cases under a municipal ordinance
Term

Article 5.04

 

Duties of peace officers as they relate to family violence?

Definition
  • Protect any potential victim and inform them of victim's rights
  • Enforce the law of the state
  • Enforce a protective order
  •  Make lawful arrests of violators
Term

Article 5.045

 

Standby liability assistance, can an officer be held liable for wrongful appropriation of property?

Definition
NO!
Term

PC 9.04

 

When is the threat of force justifed?

Definition
Justified when the use of force is justified by Chapter 9
Term

BPOC 17.1.1

 

Force Definition

Definition
Power dynamically considered, that is in motion or in action; constraining power, compulsion, strength directed to an end
Term

PC 9.31

 

Self Defense definition and examples

Definition
Actor reasonably believes the force is immediately necessary to protect him/herself against another person's use/attempted use of unlawful force (to enter to remove actor from habitation/vehicle/places of employment; to commit sexual assault/Agg. sex. assault/Robbery/Agg. Robbery/Murder)
Term

PC 9.31

 

Use of force is justified in response to verbal provocation alone?

Definition
NO!
Term

PC 9.31 

 

If you asked for someone to hit you in the face are you justified in using force against that person?

Definition
No!
Term

PC 9.31 and 9.32 

 

Are you required to retreat before using force?

Definition
No! if the actor has a right to be present at the location, has not provoked the other person, is not engaged in a criminal activity at that time.
Term

PC 9.32

 

Is deadly force to prevent an actor's commission of sexual assault, kidnapping, criminal mischief at night?

Definition
YES you can use deadly force
Term

PC 9.51

 

Is an officer justified in using deadly force to effect an arrest for disorderly conduct?

Definition
No!!
Term

PC 9.61

 

Can a grandparent use force but not deadly force to ensure child's welfare

Definition
Yes!!!
Term

BPOC 17.1.30

 

What did Tennessee v Garner prohibit?

 

Definition
The use of deadly force unless necessary to prevent the escape and the officer has probable caude to believe that the suspect poses a significant threat of death or SBI to officer and others. (absent circumstances)
Term
How far does the sheriff relate back to?
Definition
959 year...European Police Methods
Term
How was Texas policed under Mexican rule?
Definition
Spanish Military
Term
When did Texas become a free and independent republic?
Definition
Stephen F. Austin in 1823
Term

BPOC 4.3.3 

 

Civil law definition 

Definition
Personal and property rights of an individual. Allows an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
Term

Article 4.04  

 

Highest appellate court in Texas?

Definition
5th Circuit Court in Lousisana
Term

BPOC 4.1.2. 

 

Habeas Corpus Definition

Definition
Legal document filed by the attorney making a government entity on why the client is being held in jail. Release of unlawful because they are illegally detaining him.
Term

Article 4.05

 

Court of original jurisdiction for all misdemeanors involving officer misconduct?

Definition
District courts and criminal district courts
Term
What is the Texas Criminal Justice System comprised of?
Definition

Comprised of three components: 

 

  • Law enforcement
  • Adjudication (courts; Judges, lawyers, defense atty. )
  • Corrections (prison officials, probation and parole officers)
Term

BPOC 4.3.3.

 

What is the purpose of criminal law?

Definition
  • the purpose of preventing harm to society
  • declares what conduct is criminal; and 
  • prescribes the punishment to be imposed for such conduct
Term
Where do appeals from justice court go?
Definition
Go to the County Court
Term
Where do appeals from the county court go?
Definition
Go to the Appeals Court
Term
Where do appeals from the District court go?
Definition
goes to the Court of Appeals
Term

BPOC 4.3.3

 

What is a tort?

Definition
Civil action which a person can sue for a legally recognized, private injuries or wrong and is not criminal
Term
Which amendment does Duran v. City of Douglas, AZ pertain to?
Definition
The 1st amendment
Term

 

Which amendment is the "state's right amendment"?

 

Definition
The 10th amendment
Term
Which amendment guarantees the right to a speedy and fair trail?
Definition
the 6th amendment
Term
Which amendment prohibits excessive fines or bails?
Definition
the 8th amendment
Term
Which amendment prohibits excessive fines or bails?
Definition
The 8th amendment
Term
Which amendment prohibits cruel and unusual punishment?
Definition
The 8th punishment
Term
Which amendment prohibits unreasonable searches and seizures?
Definition
The 4th amendment
Term
Which amendment made the Bills of Rights applicable to all states?
Definition
The 14th amendment
Term
Which amendment prohibits double jeopardy?
Definition
The 5th amendment
Term

PC 1.02

 

What is the purpose of the penal code?

Definition
Establish a system or prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individuals or public interests.
Term

PC 1.07

 

Act definition

Definition
A bodily movement, whether voluntary or involuntary, and includes speech
Term

PC 1.07

 

Person who criminal responsibility is an issue in a criminal action

Definition
The actor
Term

PC 1.07

 

Bodily injury definition

Definition
physical pain, illness, or any impairment of physical condition
Term

PC 1.07

 

Benefit definition

Definition
Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested
Term

PC 1.07 

 

Conduct definition

Definition
An act or omission and its accompanying mental state
Term

PC 1.07 

 

Deadly weapon definition 

Definition
Firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or SBI; or anything that in manner of its use or intended use is capable of causing death or SBI
Term

PC 1.07

 

Felony definition

Definition

An offense so designated by law or punishable by death or confinement in a penitentiary

 

Term

PC 1.07

 

Possession definition

Definition
Actual care, custody, control, or management
Term

PC 1.07

 

Serious Bodily Injury Definition 

Definition
BI that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Term

PC 2.01

 

Burden of proof in criminal case in Texas

Definition
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial
Term

PC 1.07 

 

Misdemeanor definition

Definition
An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail
Term

PC 1.07

 

Omission definition

Definition
Failure to act
Term

PC 1.07

 

Unlawful definition 

Definition
Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege
Term

PC 3.03

 

What does criminal episode mean?

Definition
When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by subsection (b), the sentence shall run concurrently
Term

PC 1.07

 

Consent definition 

Definition
Assent in face, whether express or apparent
Term

PC 1.07

 

Coercion definition 

Definition

A threat, however communicated:

 

  • commit an offense
  • to inflict BI in the future on the person threatened or another;
  • To accuse a person of any offense; 
  • To expose a person to hatred, contempt, or ridicule;
  • to harm the credit or business repute of any person; or 
  • to take or withhold action as a public servant, or to cause a public servant to take or withhold action 
Term

PC 6.01

 

A person commits an act only if they in it how?

Definition
If he voluntarily engages in conduct, including an act, an omission, or possession
Term

PC 7.02

 

How is a person held criminally responsible for a case?

Definition

Acting with kind of culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct

 

Intent to promote or assist the commission of the offense

 

Legal duty to prevent commission of the offense but fail to do so

 

Attempt to carry out a conspiracy to commit one felony, but another felony is committed by on the of the conspirators, so all are guilty of the offense

Term

PC 6.02

 

Highest level of culpability?

Definition
Intentionally
Term

PC 6.03 

 

Reckless definition 

 

Definition
When a person is aware of but consciously disregards a substantial and unjustifiable risk that circumstances exist or the result will occur
Term

PC 6.03

 

Knowing definition 

Definition
A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result
Term

PC 6.03 

 

Intentional Definition 

Definition
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result
Term

PC 8.04

 

Intoxication Definition 

Definition
Disturbance of mental or physical capacity resulting from the introduction of any substance into the body
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