Criminal Law and Procedures: An Overview, Exams of Law

Download Criminal Law and Procedures: An Overview and more Exams Law in PDF only on Docsity! P a g e 1 | 17 1 Every driver transporting a child under (_) years of age must be in a child seat. - ANS>> 6 A crime may be defined as - ANS>> a public offense, forbidden, which the government sanctions A suspect may invoke his right to counsel or right to remain silent - ANS>> at anytime during the investigation A self-incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is an - ANS>> admission Ted broke into Sally's at 7:30 am wile sally was sleeping. While in the apartment, ted intentionally set Sally's bed on fire. What crime did Ted commit? - ANS>> First Degree Arson Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called - ANS>> Case Law An arrest warrant issued out of the district court, charging a misdemeanor. Can be served - ANS>> whatever the warrant states Malice Aforethought as used in Murder in the first degree may be defined as - ANS>> deliberate intent Normally, if you make an arrest outside your jurisdiction you do so - ANS>> as a private citizen False arrest and false imprisonment cases are - ANS>> criminal and civil What are the two main types of municipal courts in Oklahoma? - ANS>> Courts of record and courts not of record A writ is - ANS>> an order if the court Mary, age 13 gives her consent to have sexual intercourse with Sam (age 22) If Sam has intercourse with Mary what has been committed? - ANS>> First Degree Rape Burden of proof in a civil case is - ANS>> preponderance of the evidence What amendment gives a citizen the right to not self-incriminate? - ANS>> (5th Amendment) The elements of civil battery are - ANS>> intentional, non-consensual, physical contact and another person P a g e 2 | 17 2 The rights to an attorney during police interrogations, or when defendants are in custodial situations are assured by - ANS>> Miranda VS. Arizona Generally, a police officer may arrest for a misdemeanor - ANS>> committed or attempted in his presence Improper service, improper venue, lack of jurisdiction and statute of limitations are examples of - ANS>> technical defenses of a constitutional tort. Reasonable grounds, such as would warrant a prudent person to believe certain facts are true is - ANS>> probable cause Failure to exercise the necessary degree of care where a reasonable person would use under a given set of circumstances is called - ANS>> negligence The legal steps necessary to prove a violation of a criminal stature is known as - ANS>> elements of the crime Homicide is justifiable - ANS>> when defending against deadly force. A good rule concerning the use of force by an LEO is - ANS>> use force when it is necessary and then use only reasonable force Under conditions specified on 21 O.S. 540B a person commits a felony by running a roadblock. Under these conditions an officer may - ANS>> use deadly force if the person poses a threat of deadly force to the officer or another. Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search - ANS>> Sam and the surrounding couch cushions You feel you have reason to search a motel room rented by an individual for period of five days. It is day two of the rental period the individual in not available to give consent. You may - ANS>> seek a search warrant. An affidavit must describe the person or placed to be searched - ANS>> so precisely that it excludes all other persons and places A search warrant must be executed and returned to the issuing magistrate within - ANS>> 10 days You are unable to appear to magistrate to personally give testimony and present your affidavit to the court to receive a search warrant. The statutes allow - ANS>> the magistrate to authorize you to sign their name P a g e 5 | 17 5 1. It is a (___________) to lend, permit use by another or display an altered license. It is a (__________) to make one. - ANS>> misdemeanor, felony To be classified as an emergency vehicle it must have - ANS>> emergency lights and sirens A driver involved in a property damage accident of ______ should make a report - ANS>> $500 Persons exempt from mandatory seat belt laws are - ANS>> no one The standard guidelines for chemical analysis of blood or breath is established by - ANS>> board of tests for alcohol and drug influence The officer's first priority on the scene of an accident is to - ANS>> aid the injured, preserve evidence and traffic control Proper procedure for interviewing a driver at a hospital is - ANS>> obtain permission from doctor and make it brief as possible. It is important to check your radar before - ANS>> each time it is set up at different sites Radar signals travel at - ANS>> speed of light The frequency of Ka band radar is - ANS>> 36 GHZ The cosine effect resulting in a lower speed display of vehicles actual speed only affects stationary radar - ANS>> True. The cosine effect where the speed display is greater than vehicles actual speed only effects moving radar - ANS>> True In the horizontal gaze nystagmus test there are (___) clues - ANS>> 6 The HGN test alone in detecting BAC of .10 is - ANS>> 77% 1. The eye should be held at maximum deviation for (___) seconds. - ANS>> 4 The acronym CYMBAL stands for - ANS>> Color, year, make body The most dangerous type of traffic stop is - ANS>> high risk felony Proper position of a patrol unit when stopping a vehicle is - ANS>> 3 feet to left and 15 feet behind P a g e 6 | 17 6 The only documents that are acceptable for personal ID are DL, immigration ID, State ID and Armed Forces ID. - ANS>> True When accepting a prisoner from another officer it is ok to do so without searching them again. - ANS>> False 1. You should search your vehicle (______________) you transport a prisoner. - ANS>> before and after Name the two types of building entry methods - ANS>> Limited and dynamic Which type of persons may not be permitted to testify as a "lay" witness - ANS>> Persons who have no knowledge of the crime If a person has been convicted and placed on a suspended sentence, and that person then commits another crime while on probation then - ANS>> The DA may file a motion to revoke What is Indian Country as defined by 18 IS code section 1151 - ANS>> Within the limits of any Indian reservation under the jurisdiction of the IS government/ dependent Indian communities/ all land allotments, the Indian title to which has not been extinguished including rights of way What are the 3 major federal statutes in title 18 of the federal code that govern federal criminal jurisdiction in Indian country - ANS>> - Indian Country Crimes Act - Major Crimes Act - Assimilative Crimes Act The ________ allows federal criminal courts to borrow state criminal code to fill gaps where there is no federal law and apply it to areas under exclusive federal control - ANS>> Assimilative Crimes Act A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the elements of the crime be defined, and which guidelines will be used for sanctions if found guilty? - ANS>> Only Oklahoma Statutes What are at least 2 ways to establish who is considered to be an Indian for the purposes of criminal jurisdiction in Indian country - ANS>> Tribal or federal recognition of person as Indian Must be considered member of federal recognized tribe A search warrant may only be served after 10:00 when - ANS>> Warrant states it may be served anytime day or night P a g e 7 | 17 7 In 1914 the federal case of Week V. US established the exclusionary rule in federal courts. The ruling means that if a peace officer obtains evidence unlawfully, the evidence - ANS>> may not be used in court In the US Supreme Court case US V. Havens, the court held that illegally seized evidence ___________ be used in court to ______________ - ANS>> Could Impeach the witness because preventing perjury is so important In Mapp v Ohio, the evidence was suppressed because - ANS>> The officers did not have a search warrant and were not operating under one of the recognized exceptions The public policy reasoning behind the exclusion rule is - ANS>> It will deter LEO's from illegally seizing evidence because They will know the evidence will not be admissible In Miranda V Arizona, the court assured a criminal defendant the right to _______ when said defendant was ___________ - ANS>> An attorney Custodially interrogated Who can issue a search warrant? - ANS>> The Judge of a Court having jurisdiction For evidence to be admissible it must be relevant, _____ - ANS>> Material, and Competent The exception to the hearsay rule that allows the jury to hear a statement made while the declaration was still under the stress caused by the crime is commonly known as the - ANS>> "Excited utterance" exception If at the end of a trial the jury entertains a reasonable doubt as to whether the State has proven the elements of the crime, they _____ - ANS>> Should acquit When the court accepts a fact as true, because it cannot be seriously disputed, that is known as - ANS>> Judicial Notice If a peace officer has discovered a minor who has been injured and no parent of the child can be found the officer may - ANS>> Authorize treatment if the physician says immediate treatment is necessary Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully enter his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed _____ - ANS>> Felony The defense of duress is _____ - ANS>> Available when the person is compelled to commit the act to save his or her own life P a g e 10 | 17 10 What is not a recommended way to cope with stress - ANS>> Working harder to keep your mind off it _________ is important to achieving the overall goal of criminal justice - ANS>> mutual trust and respect The 1st step in managing diversity is to recognize it and learn not to? - ANS>> Fear it The cornerstone of community/police relations is - ANS>> trust The way we speak to people can create a barrier to effective _____. - ANS>> communication ____ pressure can lead you to do things you otherwise would not do - ANS>> Peer In community service, peace officer must - ANS>> Serve the entire community The cornerstone of human relations are - ANS>> Social science concepts Religion Democracy some ways to deter crime included the use of - ANS>> One way mirrors No cash signs Cameras CCTV What type of door is a residential security hazard - ANS>> sliding glass door How can a business minimize the loss in case they are robbed - ANS>> Keep cash on hand to a minimum Remove large bills from registers regularly Place cash in a drop safe that cannot be accessed by the cashier Community Relations rest with - ANS>> The individual officer What are they 2 types of racism - ANS>> De jure De facto Do all gestures and speech patterns have the same meaning across cultures? - ANS>> No Two ways of diffusing a situation include - ANS>> Ventilation P a g e 11 | 17 11 Active listening The 3 elements of a good Leo are - ANS>> Sound moral principle sound judgement communication Can something that is good for one person be bad for another? - ANS>> Yes The foundation or cornerstone of our government is based on our American creed that " all people are created equal" which is enshrined in what document - ANS>> The Declaration of Independence Enforcing the law is both morally and physically demanding. - ANS>> True Rights can be taken away by acts of racism, officiousness and lack of understanding by others who were meant to protect them. - ANS>> True From knowledge of different cultures and beliefs comes _____. - ANS>> understanding What is the goal of community policing - ANS>> Give the community structure, skills, and resources to keep themselves safe. All citizens deserve the same police service, this consists of: - ANS>> Efficiency Courteousness Effectiveness Respectfullness The SARA model of community policing stands for - ANS>> Scanning, Analysis, Response, Assessment How many principles of community policing are there - ANS>> 10 The 10 principles of community police are: vision, change, partnership, problems solving, empowerment, service, accountability, - ANS>> Trust Equality Leadership What is the definition of " personal power" - ANS>> The ability of a single individual no matter his/her position to inspire others to positive change What is police report - ANS>> It is a means to record facts into a permanent record. P a g e 12 | 17 12 Who has access to your police report - ANS>> Anyone- under the open records act Police reports should be written in chronological order - ANS>> True Police jargon and "10 codes" are acceptable when writing a police report. - ANS>> False The statement " I inventoried the suspects car pursuant to dept policy" is written in which person - ANS>> First person Which sentence is written using " active voice"? The sandwich was bitten into by Mr. Hyde Mr. Hyde bit into the Apple Mrs. lake will bite into the apple - ANS>> Mr. Hyde bit into the Apple Police reports should be written in - ANS>> Past tense Which sentence is written in past tense? I begin to run faster I then began to interview the suspect I will turn around slowly I shall jump off the yellow boat - ANS>> I think began to interview the suspect Cultural competence is comprised of 4 components - ANS>> Awareness of your own cultural world view attitude Towards cultural differences knowledge of different Cultural parties cross-cultural skills Developing Cultural Competence results in an ability to understand, communicate with, and effectively interact with _________ across cultures - ANS>> people Cultural awareness is the foundation of _________ and it involves the ability of standing back from ourselves and becoming aware of out cultural values, beliefs & perceptions - ANS>> Communication In the discussion of the 4 degrees of cultural awareness, the 4th and final stage brings people from different cultural backgrounds together for the creation of a culture of shared meanings. The degree is called - ANS>> Our way When managing cultural diversity, we should admit that we don't know all cultural differences. Knowing that we don't know everything, that situation doesn't make sense, that our assumptions may be wrong is part of the process of becoming culturally aware. Assume ________, not similarities - ANS>> Differences P a g e 15 | 17 15 While conducting a contact, officers should approach and attempt to maintain a relative approach position to what zone - ANS>> Zone 1 According to kinesis research, the most dangerous form of eye contact that indicates aggression and possibility of attack is - ANS>> Direct, uninterrupted stare It has been found that when a suspect attempts to disarm an officer and the officer successfully defends the first attack, there is an extremely high probability the suspect will - ANS>> Re attack In order to maximize power generation when striking, strong coordination and balance rotation of the _______ is/are necessary - ANS>> Hips Officers that are required to utilize physical force in order to effect the arrest of a noncompliant suspect should never apply that force in a punitive fashion. - ANS>> True Upon hearing the audible signal of police car in emergency mode, a motorist suddenly positions his vehicle to the right hand curb and stops. The police vehicle is unable to stop quickly and strikes the stopped vehicle in the rear. The motorist is guilty of - ANS>> No violation of the law, the fault is with the officer While responding to a fatal crash, the officer is involved in a minor traffic accident while traversing an intersection. It would be the officers responsibility to - ANS>> Stop, check for injuries, the request another officer be Primary to the call All impounded vehicles or other vehicles, whether it be for safeguarding or accident victims or other lawful reasons should be? - ANS>> inventoried What the crimes are not defined in title 18 ( Indian country law) - ANS>> Incest Burglary Radar will travel infinitely unless it is? - ANS>> reflected, refracted, or absorbed RADAR stands for - ANS>> Radio Detection and Ranging Someone claiming to be a financial institution to get info are called - ANS>> Phishing A victim of sexual assault should have the option for who to present? - ANS>> Advocate or support person What words go with human trafficking is the - ANS>> Force, fraud, or coercion The first evidence collected at a crime scene should be - ANS>> Most easily lost by time or elements P a g e 16 | 17 16 What is a written witness of unbroken record of evidence? - ANS>> Chain of custody The reason a terry pat down is condoned by the court is? - ANS>> Safety of officer and others Search and seizures searched out the normal are with prior approval are? - ANS>> Under the 4th amendment and a few exceptions Taking of personal property, without consent of the owner to deprive the owner is? - ANS>> Larceny Jack and jill rob a store, jill accidently kill the store owner - ANS>> They are guilty of murder although neither had intent An adult is lawfully arrested for a felony and escapes the escape is a - ANS>> Felony For state crime committed on Indian county where both were white who has jurisdiction - ANS>> The state I am going to interrogate him, which statement regarding his right is true? - ANS>> He can waive his rights and invoke at anytime What titles do officers use the most? - ANS>> 21,22,37,47,63 Taking property of another by force or fear is? - ANS>> Robbery Which amendment requires searches and seizures? - ANS>> 4th You have taken a child into protective custody, the child needs treatment - ANS>> Authorize treatment doctors say cant be delayed You stop someone who is not a residence of OK or US are they exempt from the OK DL req? - ANS>> Yes, if they have a valid DL from another country in their possession Probable cause is defined as - ANS>> Articulable facts that may lead a reasonable prudent person to believe that a crime has or is about to be committed and the person arrested committed the crime Elkins case violated the - ANS>> State police officer violating and giving stuff to the feds What are two ways to establish a person is Indian - ANS>> CDIB card or federally ironized tribe The detention, interdiction of people on their race or color is? - ANS>> Racial profiling P a g e 17 | 17 17 CLEET FINAL EXAM graded A+ download to pass 2024 updated (17P) What is a good use of thumb concerning use of force? - ANS>> Only what is necessary and then only reasonable force Silver platter Doctrine - ANS>> permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases What agency is tasked with liquor laws? - ANS>> ABLE commission A state statues says a officer can take a child into custody with - ANS>> Reasonable suspicion the child is in danger or threat Ethic is a code of what - ANS>> Values Studies show what % of an officer time is spent on maintain law? - ANS>> 70-90% What is the acronym for radar - ANS>> Radio detecting and ranging What are the DID - ANS>> Depressants, inhalants, dissociative anesthetic Drugs that don't usually effect pupil size - ANS>> The DIDs If HGN is present - ANS>> Pupils should be near normal The amount of force utilized which is not authorized by law or goes beyond the amount of force necessary and reasonable to detain, restrain or protect is the definition of ____ - ANS>> excessive use of force