Download MPOETC Test 2 Question with complete solution !! 2024 and more Exams Nursing in PDF only on Docsity!
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US Constitution - Correct Answers ✅- Supreme law of the land -- prevails over all laws. 27 amendments Bill of Rights US Supreme Court does what? - Correct Answers ✅Interprets the US Constitution and hears cases regarding federal laws. How is the US Constitution relevant to LE? - Correct Answers ✅- contains rules:
- regarding criminal procedure
- writing, interpreting, and enforcing laws
- prohibiting violation of civil rights What is the Bill of Rights? - Correct Answers ✅First 10 amendments to the US Constitution 1st Amendment - Correct Answers ✅Freedom of speech, press, assembly 2nd Amendment - Correct Answers ✅Right to bear arms
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3rd Amendment - Correct Answers ✅No quartering of soldiers 4th Amendment - Correct Answers ✅Freedom from unreasonable searches and seizures LEO are required to have probable cause for a warrant 5th Amendment - Correct Answers ✅Miranda Warnings Freedom from self incrimination, double jeopardy Due Process (Federal) 6th Amendment - Correct Answers ✅Speedy trial -- right to cross examine -- right to counsel -- jury trial 7th Amendment - Correct Answers ✅Federal civil courts 8th Amendment - Correct Answers ✅Free from cruel and unusual punishments -- excessive bail 9th Amendment - Correct Answers ✅Unenumerated Rights -- basic human rights
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Civil Rights Act of 1964 - Correct Answers ✅outlawed discrimination based on race, color, religion, sex, or national origin Depriving someone of their due process includes: - Correct Answers ✅arresting without PC searching without PC unwarranted physical violence holding a prisoner beyond the time limitations Who investigates civil rights violations? - Correct Answers ✅The FBI -- Department of Justice Statute - Correct Answers ✅a written law passed by a legislative body
- federal, state, civil rights act Ordinances - Correct Answers ✅local laws Case Law - Correct Answers ✅written decision of appellate court Stare Desisis - Correct Answers ✅let the decision stand -- judges are bound by the precedent
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Precedent - Correct Answers ✅currently standing on a decision made by appellate courts (state and federal) Criminal Law - Correct Answers ✅a branch of law that deals with crimes and their punishments Civil Law - Correct Answers ✅The law concerned with non-criminal matters --- pecuniary Criminal law requires this much proof - Correct Answers ✅beyond a reasonable doubt Civil law requires this much proof - Correct Answers ✅preponderance of the evidence (think 51%) Crimes Code is cited as - Correct Answers ✅Title Pa. C.S. PA Crimes Code purpose - Correct Answers ✅1. To forbid bad things.
- To make sure good things don't get called bad.
- To ensure offender's rights/
- To tell people what the crimes are and their punishments.
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Who must prove each element of the offense? - Correct Answers ✅The prosecution with beyond a reasonable doubt Insanity defense - Correct Answers ✅Burden of proof is on the defendant---has to show they weren't of "sound mind" when committing them Entrapment defense - Correct Answers ✅1. LEO was involved -- LEO makes a false representation and the person believes the conduct is not illegal -- LEO persuades someone to commit a crime, when they weren't going to in the first place Consent defense - Correct Answers ✅willingness to allow for defendants actions Ex. Playing a sport where you could get injured Duress defense - Correct Answers ✅The belief of imminent danger or harm is reasonable. Ex. Holding a gun to someones head NOT A DEFENSE - Correct Answers ✅Voluntary intoxication
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Ignorance of the law -- the CJS doesn't care if you didn't know the law existed. De minimis infractions - Correct Answers ✅The court has discretion to excuse some conduct if it doesn't impede the case/facts -- no harm Statute of limitations (SOL) - Correct Answers ✅Charges must be filed in a certain amount of time Major offense (SOL for felonies) - Correct Answers ✅charges have to be filed within 5 years Misdemeanor offense (SOL) - Correct Answers ✅charges have to be filed within 2 years Major sexual offences - Correct Answers ✅Charges have to be filed within 12 years --- or until the victim is 50 if they are a minor NO SOL - Correct Answers ✅Applies to murder, voluntary manslaughter, homicide by vehicle, agg. assault on LEO Murder grading - Correct Answers ✅1st degree: life imprisonment, $50,000 fine
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Inchoate crime - Correct Answers ✅Not fully developed -- it did not actually happen, but almost did. Inchoate grading - Correct Answers ✅The same as the crime that would have occurred Ex. Murder 1 = felony 1 Attempted murder 1 = felony 1 Criminal attempt (inchoate) - Correct Answers ✅- the actor must intend
- the actor creates a substantial step towards the commission of the crime Ex of substantial step: Kidnapping a child -- buys rope, ductape, and candy to lure. Renunciation for criminal attempt - Correct Answers ✅abandonment
- must be voluntary and complete
- further steps are taken to prevent Criminal Solicitation - Correct Answers ✅- intent
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- to promote or facilitate the crime
- requesting another to engage Ex. Hiring a hitman Renunciation for criminal solicitation - Correct Answers ✅- persuading the person not to engage in the crime or prevent it from occuring Criminal conspiracy - Correct Answers ✅Substantial step was taken towards the commission
- have 2 or more people
- an agreement (doesn't have to be spoken) -- preperation/planning Renunciation for conspiracy - Correct Answers ✅thwarting the offense Possession - Correct Answers ✅the possessor knowingly procured or received the thing and is aware of his/her control Burglary (3502) - Correct Answers ✅Breaking and entering into a building with the intent to commit a crime therein
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Ex. vehicular homicide Simple Assault (2701) - Correct Answers ✅-- impairment of physical condition or substantial pain Agg. Assault (2702) - Correct Answers ✅IKR causing EXTREME bodily injury Reckless endangerment (2705) - Correct Answers ✅engages in conduct that may place another in danger of death or serious bodily injury Harrassment (2709) - Correct Answers ✅- intent to: Harass, annoy, or alarm -grading depends on circumstances Prob Cause in Domestic violence case (2711) - Correct Answers ✅No warrant is needed when there is cause to believe that the defendant physically injured the victim Kidnapping (2901) - Correct Answers ✅- removing someone or confining:
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- to hold ransom -facilitate commission of any felony -inflict BI Unlawful restraint (2902) - Correct Answers ✅Restraining another with risk of SBI Rape (3121) - Correct Answers ✅sexual intercourse without consent
- mentally unstable, unconscious, threat of force, or force Statutory sexual assault (3122) - Correct Answers ✅intercourse with someone under the legal age of consent
- not married Sexual assault (3124) - Correct Answers ✅he said/she said -- catch all
- no consent was given
- evidence of threat of force or use of force is weak Indecent assault (3126) - Correct Answers ✅to arouse sexual desire in defendant or alleged victim
- w/o consent
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Official Oppression (5301) - Correct Answers ✅A person acting in official capacity, knowingly commits conduct that is illegal, mistreats, searches, arrests, or impedes another of their rights. Disorderly conduct (5503) - Correct Answers ✅intent to cause a PUBLIC inconvenience, annoyance, alarm, or a reckless risk thereof Corruption of minors (6301) - Correct Answers ✅entice, aid, or encourage a minor to commit a crime or corrupts the morals
