Performance Objectives#1 - Intro to Police Academy The...

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Unformatted text preview: Intro to Police Academy The relationship between an SPO and a test question is that the test question MUST respond directly to the SPO and for every SPO there is a test question. Intro to Police Academy The ultimate reason for training is successful job performance. - Training instills the knowledge and skills necessary for a lawful response to situations faced by a law enforcement officer. - When under stress or in emergency situations, officers respond as trained. - Extensive training helps professionalize those who work in law enforcement. Definition of “Role” is: - Characteristic and expected social behavior of an individual. - Those behaviors typically performed by an individual in a particular situation or occupation. “Occupational Role” is defined as: - Behaviors performed in the course of pursuing one’s job or vocation. Role Conflict occurs when: - The officer perceives a clash between competing perceptions, values and standards when deciding what behavior is appropriate. Stress is defined as: - A state of physical and psychological arousal. - The wear and tear on the body. A critical incident is defined as: - A specific event which causes unusually strong emotional reactions and which has the potential to interfere with the ability to function either at the scene or later. Categories of stress symptoms: - Cognitive - Physical - Emotional - Behavioral Initial intervention techniques to be utilized after a critical incident: - Physical exercise - Eat healthy foods - Structured time - Do not make life changes - Talk with friends and family The ten principles of community policing: - Community policing is both a philosophy and an organizational strategy that allows the police and community residents to work closely together in new ways to solve the problems of crime, fear of crime, physical and social disorder and neighborhood decay. - Community policing’s organizational strategy first demands that everyone in the department, including both civilian and sworn personnel, must investigate ways to translate the philosophy into practice. - To implement true community policing, police departments must also create and develop a new breed of line officer, the Community Police Officer (COP), who acts as the direct link between the police and people in the community. - The CPO’s broad role demands continuous, sustained contact with the law-abiding people in the community, so that together they can explore creative new solutions to local concerns involving crime, fear of crime; disorder, and decay, with private citizens serving as unpaid volunteers. - Community policing implies a new contract between the police and citizens it serves, one that offers the hope of overcoming widespread apathy, at the same time it restrains any impulse to vigilantism. - Community policing adds a vital pro-active element to the traditional reactive role of the police, resulting in fullspectrum police service. - Community policing stresses exploring new ways to protect and enhance the lives of those who are most vulnerable – juveniles, the elderly, minorities the poor, the disabled and the homeless. - Community policing promotes the judicious use of technology, but it also rests on the belief that nothing surpasses what dedicated human beings, talking and working together, can achieve. - Community policing must be a fully integrated approach that involves everyone in the department, with the CPO’s as specialists in bridging the gap between the police and the people they serve. - Community policing provides decentralized, personalized police service to the community. It recognizes that the police cannot impose order on the community from outside, but that people must be encouraged to think of the police as a resource they can use in helping to solve contemporary community concerns. traditional criteria of a profession: - Specific body of knowledge - Extensive preparation through education and training - Code of ethics - Licensing, regulation by boards and councils - Commitment and obligation to clientele - Relative professional autonomy - Public acknowledgment of status Discretion can be defined as: - The use of individual judgment by officers in making decisions as to which of several behavioral responses is appropriate in specific situations. Define Federalism: - A dual system of Government. Define Due Process of Law: - The process of assuring the fundamental fairness in the application of criminal justice. Define Probable Cause: - The facts and circumstances which would lead a reasonable person to believe that a condition exists that justifies the action to be taken. Define Proof Beyond a Reasonable Doubt: - The accused’s guilt must be established to the point that the facts proven must, by virtue of their probative force, establish guilt. Define Preponderance of Evidence: - Where there is more likelihood of an event than there is doubt. Describe the principle of Factual Guilt plus Legal Guilt: - This term means that the accused did in fact commit the crime or act in question, or there is substantial evidence of proof beyond a reasonable doubt that the accused did so. Legal Guilt has three Components: - Was the accused properly treated in being brought to justice. - Was he or she given his/her procedural rights. - Was due process adhered to. Crime Control Perspective vs. Due Process Perspective: Crime Control: The focus of crime control is on factual guilt and speedy processing of the accused through the system. Crime Control perspective tends to view the offender as guilty until proven innocent. It is nicknamed “assembly line justice”. Due Process perspective: The accused is afforded the proper constitutional and civil rights. Emphasis is placed on following the proper procedures. It is nicknamed “obstacle course justice” because of the number of technicalities built into the system. Definition of Civil Rights: - The rights and privileges afforded all persons in society by the legislative acts of congress, the state, and local ordinances. State the Language of 42 U.S.C. 1983: - Every person who, under color of any statute, ordinance, regulation, custom or usage, or any state or territory, subjects, or causes to be subjected, any citizens of the United States or other persons within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured in an action at law, suit in equity or other proper proceeding for redress. Criminal Justice System may be Defined as: - The formal system established by the United States for maintaining social control and handling criminal conduct. Four Components of the Criminal Justice System: - Law Enforcement - Prosecution and Defense - Judiciary - Corrections The Titles of the Courts in Ohio: - The Supreme Court of Ohio - Court of Appeals - Common Pleas Court - County Court - Municipal Court - Mayor’s Court - Court of Claims Five Matters over which the Ohio Supreme Court has Original Jurisdiction: - Quo Warranto – by what authority - Mandamus – we command - Habeas Corpus – that you have the body (bring the body forward) - Prohibition – writ issued which prohibits a lower court from deciding a matter which is outside of its jurisdiction - Procedendo – a writ issued which directs a lower court to proceed in deciding a matter before it (the court) Offenses are divided into two Broad Classes: - Felony - Misdemeanor Define the Term Felony: - Felony is an offense defined by law as a felony Define the Term Misdemeanor: - A misdemeanor is an offense defined by law as a misdemeanor State the two purposes of Felony Sentencing: - To protect the public from future crime by the offender and others - To punish the offender State the four needs a court is required to consider when imposing a felony Sentence: - The need for incapacitating the offender - The need for deterring the offender and others from future crime - The need to rehabilitate the offender - The need for making restitution to the victim of the offense, the public or both State the three requirements which must be satisfied by a felony sentence imposed by the Court: - It must be reasonably calculated to achieve the considerations of the court - It must be commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact on the victim - It must be consistent with sentences imposed for similar crimes committed by other offenders with similar characteristics State, in sequence, 11 steps necessary to process an adult felon through The criminal justice - Investigation system: - Arrest - Booking - Initial Appearance - Preliminary Hearing - Grand Jury - Arraignment - Pre-Trial Motions and Hearings - Trial - Sentencing - Appeal State, in sequence, seven steps necessary to process an adult misdemeanor Offender through the criminal justice system: - Investigation - Arrest/Summons/Citation - Initial Appearance - Arraignment - Trial - Sentencing - Appeal State, in sequence, nine stages of the Juvenile Justice Process: - Investigation - Taking into custody - Intake/Detention hearing - Formal Complaint - Pre-Adjudication hearing - Preliminary conferences - Adjudication hearing - Disposition - Appeal Ethics is defined as: - Moral actions, conduct, motives and character of an individual Factors of Unethical Behavior: - Anger - Greed - Lust - Peer Pressure 9 Ethical responsibilities of Peace Officers - treat everyone professionally - maintain your self respect - maintain your own profession - your family - your community - owe it to citizens to never allow cynicism to cloud your view of the people whom you serve - never use excessive physical force when controlling combative individuals - never accept gratuities – free lunch, free cup of coffee, money, sexual favors - never commit perjury Define the term Bribery: - The offering, giving, receiving or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his/her public or legal duties. Define the term Malfeasance - The commission of some act which is positively unlawful What is the purpose of any code of ethics? - To identify expected behavior Illegal Profiling / Bias-Based Policing - Unequal treatment by a law enforcement officer of any person by stopping, questioning, searching, detention or arrest on the basis of a person’s ethnic or racial characteristics, gender, religion or sexual orientation Community policing may be defined as: - A practical, effective way of policing that helps law enforcement and community partners work together to identify crime and its related problems, then develop ways to resolve and prevent crime and disorder from occurring in the future. Ten principles of Community Policing: - Philosophy - Commitment - Personalized - Proactive - Trust - Enforcement - Special Needs - Grass-roots - Change - Futuristic The 3 essential elements of community policing: - Partnerships - Empowerment - Problem Solving State the 4 steps in problem solving: - Scanning - Analysis - Response - Assessment State 2 examples of Community Policing initiatives that involve law enforcement and the community in ways to reduce or prevent crime: - Neighborhood watch - Citizen police academies The Definition of a Report is: - A formal, written presentation of facts Six essential characteristics of a report: - Who - Where - What - When - How - Why Four requirements of a well written report: - Complete - Clear - Concise - Correct ORC 2901.11 – Culpable Mental States - Purposely - Knowingly - Recklessly - Negligently ORC 2901.11 – Jurisdiction is defined as: - Areas of authority; the geographic area in which a court has power or the types of cases it has power to hear ORC 2901.12 – Venue is defined as: - The particular county or geographical area in which a court with jurisdiction may hear and determine a case ORC 2901.05 – Burden of Proof is defined as: - The duty of proving facts disputed during a trial Statutory Law is defined as: - That body of law created by acts of the legislature in contrast to law generated by judicial opinions and administrative bodies Procedural Law is defined as: - That which prescribes methods of enforcing rights or obtaining redress for their invasion Substantive Law is defined as: - That part of law which creates, defines, and regulates rights Case Law is defined as: - The aggregate of reported cases as forming a body of jurisprudence or the law of a particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law Crime is defined as: - Any act done in violation of those duties which an individual owes to the community and for the breach of which the law has provided that the offender shall make satisfaction to the public List the five elements of a crime: - The Actus Reus (Willed, unlawful act) - The Mens Rea (Guilty Mind) - Occurrence of the act and mental state - Harm to a person, property or to society as a whole - Causal connection between the criminal act and the harm Define the term Tort: - A private or civil wrong or injury for which the court will provide a remedy in the form of an action for damages State the amendment to the United States constitution which requires the presence of probable cause for the arrest of any person: - The 4th Amendment of the US constitution requires the presence of probable cause for the arrest of a person. State the four elements necessary to constitute an arrest: - Probable cause exists when the facts and circumstances within the officer’s knowledge, and of which he/she has reasonably trustworthy information are sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested. – Officers may rely on information from a wide variety of sources to establish P/C: - Personal observation - Informant’s tips - Reports from other officers or other law enforcement agencies - Leads furnished by the victim or witnesses to the crime - Physical evidence found at the scene - Past criminal record of suspect - Non-custodial statements made by a suspect State the elements necessary to constitute a valid arrest: (P/C Understood) - Intent to arrest - Under real or assumed legal authority - Accompanied by an actual or constructive seizure or detention of the person - Which is understood by the person arrested Requirements for a valid arrest warrant: - Warrant must be supported by probable cause - Affidavit must be supported by oath or affirmation - Person seized must be particularly described - Warrant must state the nature of the offense - Warrant must designate the officer or class of officers who are directed to comply with the order of the court. - Warrant must be issued in the name of the state of United States - Warrant must be issued and signed by a neutral detached judicial officer The issuing authority must look at the “totality of circumstances” in determining if probably cause exists to issue the arrest warrant. The more “stale” the information becomes, the less likely it is to support a finding of probable cause. Information that gave rise to probable cause may become “stale” when, after a warrant is issued but before it is executed, officers obtain information which contradicts the earlier information that gave rise to the probable cause. The usual method of identifying the person to be arrested is to insert his/her name in the warrant. Requirements for the proper execution of a valid arrest warrant include: - The executing officer must be specifically named or fall within the class designated in the warrant. - The warrant must be executed within the jurisdictional limits. - Arresting officer should make known his/her purpose. - Officer usually must show the arrest warrant or advise the arrestee that a warrant has been issued. An arrest warrant may be executed in the home of a third party provided a search warrant exists, the subject of which is the person indicated in the arrest warrant, there are exigent circumstances, or the officer has consent. – Exigent circumstances must exist which demand an immediate response before an officer would be justified in conducting a warrantless, nonconsensual entry into a private dwelling in order to arrest the resident. The standard which governs whether a summons may be issued in lieu of an arrest is: Whether a summons is reasonably likely to ensure the accused’s presence at trial Fresh pursuit extending the power of arrest: - Hot/fresh pursuit can be defined as: pursuit of a person who is endeavoring to avoid arrest, without unreasonable interruption. ORC 2935.03 provides that a peace officer may pursue, arrest and detain outside the officer’s jurisdiction if: - Pursuit takes place without unreasonable delay after the offense is committed; - Pursuit is initiated within the jurisdiction where the officer is appointed, employed or elected; and - The offense is a felony, a misdemeanor of the first or second degree or substantially equivalent municipal ordinance, or an offense for which points may be assessed. Using the TERRY rationale, an officer may detain an individual based upon the officer’s reasonable, articulate able suspicion that criminal activity was being planned or was in the process of being executed. Define the term Serious Physical Harm Any physical harm to property resulting in damage (value) over $500 Six major duties of peace officers relating to crime prevention - To protect life and property - To enforce laws - To preserve the peace - To prevent crime - To serve citizens - To arrest violators Crime prevention is defined as A pattern of attitudes and behaviors directed both at reducing the threat of crime and enhancing the sense of safety and security The three factors necessary for the commission of a crime - Desire - Opportunity - Victim The four D’s of crime prevention - Deter - Detect - Deny - Delay A confession must pass five hurdles before it may be received as evidence in a court of law - It must be voluntary and trustworthy - It must not be obtained due to a delay in taking the defendant before a judge or magistrate for his/her arraignment - It must not be obtained as a result of a violation of the defendant’s Miranda rights - It must not be obtained as a result of an illegal arrest or an illegal search - It must not be obtained in violation of the defendant’s right to counsel The free and voluntary rule - A confession of a person accused of a crime is admissible in evidence against the accused only if it was freely and voluntarily made, without duress, fear, or compulsion in its inducement and with full knowledge of the nature and consequences of the confession. The test to apply in determining whether a confession was freely and voluntarily given is the totality of “circumstances.” – In looking at the “Totality of Circumstances” surrounding a confession, courts will look at three areas - Use of Force - Threats or Promises - Psychological Coercion The situation in which an officer is required to read Miranda warnings to a suspect is - During police custodial interrogation The Miranda warning is - You have the right to remain silent - If you give up that right, anything you say may be used against you in court - You have the right to be represented by an attorney - If you can’t afford an attorney, one will be appointed to you prior to any questioning if you wish Custodial interrogation is defined as - Questioning initiated by officers after the accused has been taken into custody or otherwise deprived of his/her freedom in any significant manner Factors to consider in determining whether the person being interviewed is in custody include, but are not limited to - The environment - The number of officers present - The attitude of the officers toward the person being questioned - The stage of the investigation - Whether the interviewee is free to leave The standard against which a waiver will be judged when an accused receives hi...
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