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Definition
Personal and property rights of an individual. Any action other than criminal. |
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Highest appellate court in Texas |
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Definition
Court of Criminal Appeals(criminal cases) Texas Supreme Court (civil cases) |
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a writ requiring a person under arrest to be brought before a judge especially to secure the person's release unless lawful grounds are shown for their detention. |
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Court of original jurisdiction for all misdemeanors involving official misconduct |
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Definition
District Courts and Criminal District Courts |
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What is the Texas Criminal Justice System comprised of? |
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Definition
Police, Courts, Corrections System |
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Term
what is the purpose of criminal law |
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Definition
Preventing harm to society (by declaring what conduct is criminal/prescribing punishment). |
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Where do appeals from justice court go? |
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Where do appeals from the County Court go? |
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Civil action, which a person can sue for a legally recognized, private injuries or wrong. |
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Which amendment does Duran V City of Douglas, AZ pertain to? |
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Definition
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Which amendment is the “state’s right amendment?” |
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Which amendment guarantees the right to a speedy and fair trial |
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Which amendment prohibits excessive fines or bails? |
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Which amendment prohibits cruel and unusual punishments? |
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Which amendment prohibits unreasonable searches and seizures? |
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Which amendment made the Bill of Rights applicable to all states? |
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Which amendment prohibits double jeopardy? |
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Definition
A person’s health/disease status and risk potential, ranging from death to optimum well-being. |
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principles of an exercise program |
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Definition
Progressive overload, Regularity and recovery, Specificity, Balance, Safety |
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Definition
Frequency, Intensity, Time and Type |
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Article 2.13- Duties and Powers, what are the duties of a peace officer |
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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 magistrate all offenses committed within their jurisdiction |
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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 a juvenile is made |
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Definition
Shall investigate jointly with the department/agency responsible for conducting investigation |
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Term
Article 4.01- which courts have criminal jurisdiction |
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Definition
The Court of Criminal Appeals/Courts 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 |
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Article 59.03- when can a peace officer seize property without a warrant |
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Definition
-Owner/operator/agent knowingly consents. -Incident to a consented search by owner/operator/agent in charge. -Incident to a lawful arrest/search/ search to incident to arrest. |
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Article 4.01- which court has original jurisdiction of all misdemeanor of which exclusive jurisdiction is not given to the justice court |
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Definition
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Article 4.14- Municipal court has exclusive jurisdiction to what type of criminal cases Updated 11/13/2017 |
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Definition
$2000 fire safety/zoning/public health/ sanitation. $4000 dumping of refuse. $500 for other. |
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Term
Article 5.04- Duties of peace officers as they relate to family violence |
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Definition
-Protect potential victims & advise victims’ legal rights/service availability. -Enforce state laws & protective orders. -Arrest violators. |
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Term
Article 5.045- Standby liability Assistance, can an officer be held liable for wrongful appropriation of property |
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Definition
No,officer will not be civilly or criminally liable. |
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Term
Types of abuse in family violence |
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Definition
Physical, Sexual, Emotional |
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Real reason for violence and abuse in family violence |
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Definition
The need to have power and control over others. |
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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 |
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Dating relationship definition |
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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. |
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what is the purpose of the penal code |
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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. |
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Definition
A bodily movement, whether voluntary or involuntary, and includes speech. |
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person whose criminal responsibility is in issue in a criminal action |
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Definition
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Definition
Physical pain, illness or any impairment of physical condition. |
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Definition
Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. |
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Definition
An act/omission and its accompanying mental state. |
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Definition
An offense so designated by law or punishable by death or confinement in a penitentiary. |
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Definition
Actual care, custody, control, or management. |
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Serious bodily injury definition |
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Definition
Creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ |
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Burden of proof in a criminal case in Texas |
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Definition
Innocent until proven guilty with Proof Beyond a Reasonable Doubt. |
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Definition
An offense so designated by law or punishable by fine, confinement in jail, or both. |
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Definition
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Term
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Criminal/tortious or both. Includes what would be criminal/tortious but for a defense not amounting to justification or privilege |
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what does criminal episode mean |
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Definition
Commission of two or more offenses during the pursuant of the offense. |
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Definition
Assent in face, whether express or apparent |
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Definition
A threat, however communicated. |
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Term
A person commits an act only if they engage in it how? |
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Definition
Voluntarily engages in conduct, including an act/omission/possession. |
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Term
how is a person held criminally responsible for a case |
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Definition
-With culpability required for the offense, causes/aids an innocent or non-responsible person to engage in conduct. -Intent to promote or assist -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 one the of the conspirators. |
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Highest level of culpability |
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Definition
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Criminal negligence definition |
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Definition
Ought to be aware of a substantial and unjustifiable risk. |
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Term
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Definition
Is aware of but consciously disregards a substantial and unjustifiable risk. |
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Definition
Acts knowingly/is aware that his conduct is reasonably certain to cause the result. |
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Definition
Acts intentionally/conscious objective or desire to engage in the conduct or cause the result. |
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Definition
Disturbance of mental or physical capacity resulting from the introduction of any substance into the body. |
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Term
When does a consensual encounter occur |
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Definition
Brief conversation between the civilian and officer. During the contact the civilian is free to leave and not obligated to answer any questions. |
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Term
A frisk is used to detect what according to Terry v Ohio |
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Definition
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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. |
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Term
Whose responsibility is to prevent the consequences of theft |
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Definition
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Which case established the “exclusionary rule” |
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Definition
Mapp V. Ohio, cannot use evidence obtain from illegal searches or seizures. |
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Term
Which case established “the fruit of the poisonous tree” |
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Definition
Wong Sun v. United States. |
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Term
Article 15.22- arrested definition and examples |
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Definition
A person is arrested when he has been actually placed under restraints or taken into custody by an officer/person arresting with/without a warrant. |
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Term
What can a peace officer do with mere suspicion |
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Definition
Initiate a consensual encounter. computer check license plate. surveillance/observing for additional facts and circumstances. |
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Term
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Definition
The act of imagining or of doubt or apprehension of something without proof, or on sight evidence |
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Term
What does a vehicle approached by an emergency vehicle required to do |
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Definition
Yield the right of way Immediately drive to position parallel and as close as possible to the right hand edge/curb of the roadway clear of any intersection Stop and remain standing until emergency vehicle has passed. |
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Term
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Definition
An officer authorized to direct traffic or arrest persons who, violate traffic regulations. |
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Term
What does permissible conduct allow |
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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 speed limit as long it does not endanger life/property. |
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Term
Child passenger safety seat requirements |
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Definition
Younger than age of 8 unless the child is 4ft 9in |
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Term
When may a driver leave a vehicle running and unattended |
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Definition
Engine stopped/ignition locked/key removed from ignition/parking brake set effectively. does not apply to remote start vehicles. |
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Term
What traffic control device does not require a driver to yield |
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Definition
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Term
How close can you park to a fire hydrant |
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Definition
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Term
What can a licensed driver under the age of 18 do |
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Definition
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. |
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Term
When is the threat of force justified |
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Definition
Justified when the use of force is justified by Chapter 9. |
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Term
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Definition
Power dynamically considered, that is in motion or in action; constraining power, compulsion, strength directed to an end. |
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Term
Self defense definition and examples |
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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) |
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Term
Use of force is justified in response to verbal provocation alone? |
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Definition
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Term
If you ask for someone to hit you in the face are you justified in using force against that person |
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Definition
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Term
Are you required to retreat before using force |
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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. |
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Term
Is deadly force to prevent an actor’s commission of sexual assault, kidnapping, criminal mischief at night |
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Definition
YES you can use deadly force |
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Term
Is an officer justified in using deadly force to effect an arrest for disorderly conduct |
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Definition
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Term
Can a parent use force including deadly force as discipline |
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Definition
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Term
Can a grandparent use force but not deadly force to ensure child’s welfare |
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Definition
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Term
What did Tennessee v Garner prohibit |
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Definition
The use of deadly force unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or SBI to officer and others. (absent circumstances) |
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Term
How far does the sheriff relate back to? |
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Definition
959 years in later day Anglo-Saxon, England. |
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Term
How was Texas policed under Mexican rule? |
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Definition
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Term
When did Texas become a free and independent Republic? |
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Definition
In 1836 after Battle of San Jacinto. |
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Term
Who created the Texas Rangers? |
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Definition
Stephen F. Austin in 1823 |
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Term
What is August Vollmer do |
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Definition
Created professionalism and established motorized patrol. |
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Term
How many principles of community policing are there |
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Definition
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Term
How does community policing directly affect quality of life in a community |
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Definition
-Reducing fear -Establishing trust and harmony -Exchanging information to strengthen rapport and enhance safety -Assisting in identifying and resolving problems -Clarifying responsibilities on behalf of citizens and P.O. -Help define service needs |
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Term
What are the characteristics of the police subculture |
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Definition
Issues of Mortality, Own Police Jargon, Solidarity and Social Cohesiveness, Isolation from |
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Term
What is the traditonal police service model. |
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Definition
-Reactive response and incident driven. -Use of CJ System. -Aggtegated stats. -Lack of community involvement. |
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