Criminal Law and Procedure: Understanding Culpability, Offenses, and Victim Rights, Exams of Nursing

Download Criminal Law and Procedure: Understanding Culpability, Offenses, and Victim Rights and more Exams Nursing in PDF only on Docsity! OPOTA SPO's 2023 State the reasons for Peace Officer Training (1.1) - correct answer To protect the life and property of yourself and the public. Explain the relationship between SPO's and questions on the State Certified Exam (1.1) - correct answer Every SPO may be the basis of a test question on the State Certified Exam. List a peace officer's main goals (1.2) - correct answer -Enforce Laws -Preserve the peace -Prevent crimes -Protect civil rights and liberties -Provide services Explain items to consider when exercising discretion (1.2) - correct answer - Use sound judgement to determine which laws are to be formally enforced. - Determine if there is a more constructive remedy to a situation without an arrest or citation. Explain the factors necessary for the commission of a crime (1.2) - correct answer Desire- The motivation behind criminal behavior Victim- The potential target Opportunity- Removing the opportunity for crime with proper prevention measures. State the core concepts of community policing (1.2) - correct answer - A partnership between the police and the community - Crime prevention - Organizational change of the agency - A problem-solving approach to the police role that is proactive Recognize considerations for off duty situations (1.2) - correct answer + Behavior- An officers behavior off duty may be scrutinized by the community even when not on duty. + Situational awareness- An officer should make every effort to effort to remain alert even when not working. + Witness- Become a good witness if a situation arises when police intervention is necessary. State the purpose of the Bill of Rights (1.3) - correct answer Protect an individuals freedoms and prevent the government from interfering in protected rights Describe the major components of the Criminal Justice system (1.3) - correct answer Law enforcement- Keeping the peace, Apprehend violators and combat crime, prevent crime, provide social services Courts- Hold fair and impartial trials, determine guilt or innocence, impose sentences on the guilty Corrections- Responsible for supervising the offender List the goals of sentencing (1.3) - correct answer - Punish the offender - Rehabilitate the offender - Protect society -Restore the victim as much as possible. Distinguish the concepts of lawful actions and police legitimacy (1.4) - correct answer Lawful - defined by laws and standards •Criminal law - identifies what actions are prohibited •Rules of agency •Constitutional law •Officers can act lawfully and within the parameters of agency policy and the citizenry still not perceive there to be police legitimacy/there can be lawful, but awful interactions Differentiate the two modes of thinking (i.e., Systems 1 and 2) (1.4) - correct answer System 1 •Automatic thinking ‒Characteristics •Unconscious •Effortless •Automatic •Uses associative memory •Very fast System 2 •Deliberative thinking ‒Characteristics •Conscious •Effortful •Controlled •Deliberative Slower Identify strategies to counter implicit biases (1.4) - correct answer •Guarding against its influence in decision making ‒Know when you are susceptible •Result - when the previous factors are present, which they often are in the law enforcement profession, we are more apt to switch to System 1 thinking •Response - engage deliberative processing; slow down your thinking •Overcoming biases •Effort required Identify the two-pronged approach to procedural justice (1.4) - correct answer •Person-based approach - emphasizes the importance of face-to-face interactions between an officer and a citizen •Community-based model - ultimate goal is to achieve police legitimacy throughout entire society Recognize the community bank account concept as it relates to procedural justice (1.4) - correct answer Every encounter is either a deposit or withdrawal; ‒Deposits - police must build up reserves of public trust through actions that reflect courtesy, kindness, and honesty ‒Withdrawals - occur from the community bank account when police actions reflect overreaction, discourteousness, or disrespectful behavior, or when police ignore people or betray their trust Apply the four core principles/pillars of procedural justice (1.4) - correct answer •Giving others a voice •Neutrality in decision making •Respectful treatment •Trustworthiness Explain the generally accepted ethical responsibilities of peace officers (1.5) - correct answer •Are found in professional codes of ethics and professional codes of conduct •Are owed to ‒Your community and its citizens ‒The law enforcement profession ‒Your agency ‒Your family ‒Yourself •Include always acting with integrity and treating everyone professionally List external and internal influences on behavior (1.5) - correct answer External; •Relationships with friends and family •Local citizens •Local media •Department regulations •Interdepartmental politics •Police subculture Internal; •Officer's own ethical and moral beliefs and values •Anger •Greed •Lust •Internal rationalizations made prior to or after misconduct Explain the Continuum of Compromise (1.5) - correct answer Transformation from idealistic, ethical officer to a self-serving, unethical officer is typically a subtle process •Process ‒Begins with perceived sense of victimization •Ask clarifying follow-up questions •Be as complete as possible •Consider the use of electronic data device or template •Do not record personal information in your notebook Identify the essential questions answered in a report (1.7) - correct answer •Who •What •When •How •Where •Why Identify the requirements of a well written report (1.7) - correct answer •Complete •Factual •Accurate •Objective •Concise •Clear •Grammatically and mechanically correct List the general elements of a crime (2-1) - correct answer •A prohibited act ("actus reus") and ... •A specific mental intent ("mens rea") that ... •Occur at the same time ("concurrence") and ... •Bring about a particular result made unlawful by the statute ("causation") Define the culpable mental states "purposely," "knowingly," "recklessly," and "negligently." (2-1) - correct answer Purposely - A person acts purposely when it is the person's specific intention to cause a certain result •Knowingly - A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature •Recklessly - A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature •Negligently - A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature Identify the R.C. 2923.02 offense of Attempt to Commit an Offense according to its elements (2-1) - correct answer It is a crime to ... •Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the commission of an offense, to ... •Engage in conduct that, if successful, would constitute or result in the offense Identify the R.C. Chapter 2903 offense in the example according to the elements of that offense (2-2A) - correct answer Identify the R.C. Chapter 2905 offense in the example according to the elements of that offense (2-2A) - correct answer Define the term sexual conduct (2-2A) - correct answer Define the term sexual contact (2-2A) - correct answer Define the term sexual activity (2-2A) - correct answer Identify the R.C. Chapter 2907 offense in the example according to the elements of that offense (2-2A) - correct answer Identify the R.C. Chapter 2919 offense in the example according to the elements of that offense (2-2A) - correct answer Identify objective evidence of a crime being motivated by hate or bias (2-2A) - correct answer Identify the R.C. Chapter 2927 offense in the example according to the elements of that offense (2-2A) - correct answer Describe the purpose of the Fourth Amendment to the United States Constitution (2.3) - correct answer to guarantee rights relating to arrests, searches, and seizures of persons Describe the relationship between the degrees of suspicion and the responses allowed by the Constitution (2.3) - correct answer Proof beyond a reasonable doubt- Suspect may be convicted Probable cause- Suspect may be arrested to enough evidence Reasonable suspicion- Suspect may be seized and detained for a brief investigation Hunch- Interactions must be consentual Determine when a person is considered to be seized (2.3) - correct answer In the circumstances that a reasonable person would believe that they are not free to leave Explain when an officer can use the rationale from Terry to detain a person (2.3) - correct answer Based upon the circumstances that an officer can reasonably articulate their suspicion that criminal activity was being planned or executed Describe the criteria needed to establish the plain view exception to the search warrant requirement (2.3) - correct answer •The officers must be legally on the premises from where the observation is made AND •The incriminating nature of the item must be immediately apparent (i.e., equates to probable cause), AND •The officers must have a lawful right of access to the object Differentiate curtilage from open fields (2.3) - correct answer Curtilage- areas immediately surrounding the home Open fields- Areas away from the home that is not protected by the fourth amendment Identify the keys in determining whether a consent search is valid (2.3) - correct answer •Consent is voluntarily given •The person giving consent has authority to do so and no other person with authority, that is present, has refused •The search is limited to only those places and things that the person expressly or impliedly authorized to be searched •The search is not unduly intrusive Describe the three broad categories of exigent circumstances historically recognized by the United State Supreme Court (2.3) - correct answer 1)Lives or property are in imminent danger or a serious crime is in progress 2)Evidence will be destroyed or moved if officers postpone taking action until a search warrant can be obtained 3)Officers are in hot pursuit of a felon who flees and takes refuge inside Identify the area an officer may search incident to a lawful arrest (2.3) - correct answer is the area within the person's immediate control at the arrest location Identify the factors that will determine the reasonableness of the length of time involved in a motor vehicle detention (2.3) - correct answer •The purpose of the stop, AND •The time reasonably needed to effectuate those purposes, AND •Whether the officers diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the subject Identify when an officer may conduct a protective search of a motor vehicle for weapons (2.3) - correct answer •The officer has lawfully stopped the vehicle AND •The officer has reasonable suspicion, based upon specific and articulable facts, to believe that the driver or passenger is dangerous and can gain immediate control of a weapon Identify when an officer may search a motor vehicle and the containers within it (2.3) - correct answer •For any type of contraband or other evidence of a crime once probable cause has been established •In general, under the motor vehicle exception, officers can search all containers and receptacles (locked or unlocked) found anywhere in the vehicle that may contain the item sought by police Explain the factors considered in determining if an inventory of a motor vehicle is reasonable (2.3) - correct answer •The car was lawfully impounded •The inventory was conducted after the impoundment •The owner was not present to make other arrangements for the safekeeping of the vehicle •The inventory was prompted by valuables in plain view and was pursuant to standard police procedure •The inventory was not a pretext to conceal an investigatory search Describe the relevant factors used in determining if force was reasonable (2.6) - correct answer - Severity of the crime - Imminent threat or not - Actively resisting - Attempting to flee Explain the differences between active and passive resistance (2.6) - correct answer Passive resistance- Exhibits no resistive movement in response to verbal commands/direction. Active resistance- When a person exhibits resistive movement to avoid physical control or, as a passive resistor the person presents a credible threat to an officer. Describe when handcuffing may be considered unreasonable force (2.6) - correct answer The handcuffs are excessively tight or an unreasonable amount of force was used to cuff the individual. Describe when use of a chemical weapon may be considered unreasonable force (2.6) - correct answer Using chemical weapons on an arrestee who has already been subdued and who poses no threat is excessive force Describe the difference between reasonable and unreasonable force when using electrical weapons (2.6) - correct answer It is unreasonable to use an electrical weapon on a non- resisting or passively resisting suspect. It is reasonable when the subject poses an active threat, active resistance, or is choosing to be defiant. Explain the civil liability considerations associated with using force against those with diminished capacity/mental illness (2.6) - correct answer Federal courts have ruled that the diminished capacity of an unarmed suspect must be taken into account when assessing the reasonableness of the amount of force exerted Different tactics should be employed against an unarmed, emotionally distraught individual who is resisting arrest or creating a disturbance than would be used against an armed and dangerous criminal who has recently committed a serious offense An individual does not need to be mentally competent in order to pose a reasonable threat; actual mental state is irrelevant to any determination of reasonableness in the use of deadly force List circumstances when an officer may use deadly force to achieve a seizure (2.6) - correct answer - To protect themselves or others from immediate threats of serious physical injury and/or ... - To prevent escape of a fleeing "dangerous" person Explain the variables an officer should use to assess the presence of an imminent threat (2.6) - correct answer - Likelihood of a weapon being present •Under social stress •Recent personal stress, crisis, or loss •Early exposure to violence Describe the difference between traditional encounters and special populations encounters (3.4) - correct answer the increased need to be non-confrontational Describe eight techniques of active listening (3.4) - correct answer 1. Emotional labeling 2. Reflecting/mirroring 3. Paraphrasing 4. Summarizing 5. Silence and effective pauses 6. Minimal encouragements 7. Open-ended questions 8. "I" messages Use LEAPS and its five basic communication tools that assist in generating compliance (3.4) - correct answer L- Listen E- Empathize A- Ask P- Paraphrase S- Summarize Distinguish the EAR Model's three phases of a crisis encounter (3.4) - correct answer E- Engage (make the connection) A- Assess (Gather information) R- Resolve (A safe resolution) Identify the tactics and behaviors to avoid while engaging in de-escalation (3.4) - correct answer •Moving suddenly, giving rapid orders, or shouting •Forcing a discussion •Maintaining direct and continuous eye contact •Touching the person without letting the person know you intend to do so, unless essential to safety •Crowding the person or moving into his/her comfort zone •Expressing anger, impatience, or annoyance •Assuming that a person who does not respond is ignoring you •Using sarcasm or inflammatory language •Lying or misleading the person to calm him/her down, unless extreme circumstances exist Use the Loss Model to recognize the nature of a person's crisis (3.4) - correct answer Loss of Reality Loss of Hope Loss of Control Loss of Perspective Describe the lethality assessment to determine a person's suicidal intent (3.4) - correct answer An officer can assess a person's suicidal intent by asking questions that try to uncover the person's thoughts. This is represented by the LAST Model L- Lethality of chosen method A- Availability of chosen method S- Specificity of the plan T- Timing Determine when each of the typical dispositions for resolving a crisis intervention incident is appropriate (3.4) - correct answer •Arrest •De-escalate and refer for follow-up care and support •Voluntary transport to hospital or community mental health services provider •Involuntary transport to hospital or community mental health services provider Identify the practical and legal considerations when taking a person into emergency custody (3.4) - correct answer Every reasonable and appropriate effort must be made to take persons into custody in the least conspicuous manner possible You must provide the person with your name, title, and agency. Also all inform them that they are not under arrest. You must provide a written statement. Describe the types of child abuse (3.5) - correct answer Physical abuse- physical harm to a child from a parent or caregiver Neglect- Acts of omission that shows unsafe or inadequate care. Sexual abuse- Sexual activities with kids Emotional abuse- Interactions from parents or caregivers that make the child feel unwanted, unloved, or worthless. Identify the conditions under the Ohio Revised Code that allow a peace officer to remove a child from their caregiver (3.5) - correct answer •There are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in R.C. 2151.03 [Neglected Child Defined], and the child's removal is necessary to prevent immediate or threatened physical or emotional harm •There are reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that the child's removal is necessary to prevent immediate or threatened physical or emotional harm •There are reasonable grounds to believe that a parent, guardian, custodian, or other household member of the child's household has abused or neglected another child in the household and to believe that the child is in danger of immediate or threatened physical or emotional harm from that person •There are reasonable grounds to believe that the conduct, conditions, or surroundings of the child are endangering the health, welfare, or safety of the child