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Tleta Revision Guide
What is our state court system derived from? - ANSWER >>English common law Tennessee's state court system is an offspring of ______ interpretation. - ANSWER >>North Carolina "The judges of the supreme, appellate, chancery, circuit, general sessions, and juvenile courts throughout the state, judicial commissioners and county executives in those officer's respective counties" =? - ANSWER >>magistrate What officials are magistrates? - ANSWER >>judges, judicial commissioners No person can be committed to prison on any criminal matter without first being examined by a _________. - ANSWER >>magistrate "A warrant of commitment to prison in writing" =? - ANSWER >>mittimus "Written statement signed and sworn to before an official, saying the who/what/when/where of the offense" =? - ANSWER >>affidavit "Written order commanding that a person be arrested" =? - ANSWER >>warrant What is a preliminary hearing screening for? - ANSWER >>probable cause Is a preliminary hearing a constitutional right or a statutory right? - ANSWER >>not constitutional, generally statutory
All felonies and misdemeanors are _______ offenses. - ANSWER >>indictable "Knowing the difference between right and wrong" =? - ANSWER >>Ethics What is common law? - ANSWER >>a collection of philosophies Name the steps in the state court system. - ANSWER >>1. arrest (magistrate examination), 2. general sessions, 3. grand jury, 4. trail, 5. appeal Name the two types of state supreme appeals. - ANSWER >>criminal and civil Where are minor citations normally handled? - ANSWER >>in general sessions court Where are federal felony misdemeanors normally handled? - ANSWER >>screened by General Sessions court, then either dropped or passed up the ladder Do 1st offenders normally go to trial? - ANSWER >>No, normally only if they're a repeat offender or it was a violent crime. Otherwise it's normally a plea deal. Shortly after the mittimus is created, what will be produced documenting your claim? - ANSWER >>a warrant If the Grand Jury determines you have probable cause, they issue a _________.
"An indictment approved by grand jury" =? - ANSWER >>true bill "Written document from grand jury authorizing arrest" =? - ANSWER >>capias "Stage of the proceeding where the defendant first appears before court with jurisdiction to try case, when the charge is read, plea is given, and bond is set" =? - ANSWER >>arraignment Class B felony? - ANSWER >>8-30 years, up to $25,000 fine Class C felony? - ANSWER >>3-15 years, up to $10,000 fine Class D felony? - ANSWER >>2-12 years, up to $5000 fine Class E felony? - ANSWER >>1-6 years, up to $3000 fine How many classes of misdemeanor are in TN? - ANSWER >> Class A misdemeanor? - ANSWER >>11 months 29 days, fine up to $ Class B misdemeanor? - ANSWER >>up to 6 months or a fine up to $500 or both Class C misdemeanor? - ANSWER >>up to 30 days or $50 fine or both Which amendment do we primarily deal with? - ANSWER >>4th amendment
Amendment dealing with freedom of speech/religion/press? - ANSWER >>1st amendment Amendment dealing with the right to bear arms? - ANSWER >>2nd amendment Amendment protecting against governmental search of property without probable cause/warrant? - ANSWER >>4th amendment Amendment that protects the right to life, liberty, and property, saying it can't be taken away without due process of law (aka day in court)? - ANSWER >>5th amendment Amendment that guarantees your right to a speedy trial by randomly chosen peers, right to a lawyer, etc.? - ANSWER >>6th amendment Amendment that prohibits excessive fines and cruel/unusual punishment? - ANSWER >>8th amendment Amendment that allows states to make their own laws? - ANSWER >>14th amendment Are eyewitness testimonies reliable? - ANSWER >>NO, very unreliable "Live presentations of several people to a witness so as to ID a possible suspect" =? - ANSWER >>line-up "A live presentation of 1 person to a witness so as to ID a possible suspect within a reasonable amount of time" =? - ANSWER >>show-ups
If the suspect doesn't require their legal counsel to be presented at a lineup, what do you need to do? - ANSWER >>record the suspect's waiver of counsel How can you document your lineup to make sure the court doesn't throw it out later? - ANSWER >>take high quality photos or videotape; also record the names of everyone that participates When doing a showup ID, what needs to happen to satisfy the reasonableness test? - ANSWER >>needs to be immediate (within minutes of the crime) Once a criminal suspect has been removed from the scene of the crime and taken to the stationhouse, can a showup ID be conducted? - ANSWER >>no, now only a lineup or photo ID can be conducted, even if very little time has elapsed Do you need legal counsel present at a photographic ID? - ANSWER >>no What's the minimum amount of photographs required at a photographic ID? - ANSWER >>6, but the supreme court suggests more "A form of photographic ID where 9+ manila presentation folders with pictures in them are given to the victim one at a time (the last 2 folders are blank), then the folders are shuffled and the victim must go through them one at a time again." =? - ANSWER >>double-blind sequential array "Posse comitatus" =? - ANSWER >>community policing, like mobs or posse's "Hue and cry" =? - ANSWER >>like "community watch", where everyone cries out "thief!"
"Kin police" =? - ANSWER >>taking care of your family "Shire reeve" =? - ANSWER >>modern day sheriff Who was the father of modern day policing? - ANSWER >>Robert Peel What murder of a young woman upset the community because the police didn't try very hard to solve it, and pushed police reform into what it is today? - ANSWER >>the murder of Mary Rogers What law made America enact what Peel did in England (creating a police force with full time salaried officers, uniforms, badges, etc.)? - ANSWER >>the Law of Police Reform in 1845 What was the 1st modern type of police patrolling in America? - ANSWER >>slave patrols What hired police protected stage coaches? - ANSWER >>Pinkerton Security What are the US marshals known for? - ANSWER >>tracking fugitives, witness protection, special operations groups Who was the first uniformed, sworn in police female officer? Where was she stationed? When? - ANSWER >>Lola Baldwin; Portland, Oregon; 1908 Why was the FBI created? - ANSWER >>for prohibition and bank robbers What first caused the police to start losing touch with citizens? - ANSWER >>patrol cars - we stopped walking around and talking with the community
"Unqualified suspecting that something is wrong, without proof" =? - ANSWER >>mere suspicion What 4 major components does the 4th amendment protect from search/seizure? - ANSWER >>1. persons, 2. houses, 3. papers, 4. effects "Suspicion supported by SPECIFIC and ARTICULABLE facts for suspecting a person of criminal activity" =? - ANSWER >>reasonable suspicion What can you do based on mere suspicion? - ANSWER >>follow the person What can you do based on reasonable suspicion? - ANSWER >>a detention/investigative stop, pat down/frisk (not a search), but you can not detain them for longer than what is reasonably necessary "A reasonable ground to suspect that a person has committed or is committing a crime" -? - ANSWER >>probable cause "A vehicle could be searched without a search warrant if there was probable cause to believe that evidence is present in the vehicle, coupled with exigent circumstances to believe that the vehicle could be removed from the area before a warrant could be obtained." =? - ANSWER >>Carroll doctrine What can you do based on probable cause? - ANSWER >>1. obtain a search warrant, 2. search the vehicle if Carroll doctrine applies, 3. potentially arrest them "The doubt that prevents one from being firmly convinced that there is a real possibility that the defendant is not guilty" =? - ANSWER >>beyond a reasonable doubt
What is the jury standard for conviction? a. mere suspicion, b. reasonable suspicion, c. probable cause, d. beyond a reasonable doubt - ANSWER >>D "The taking, seizing, or detaining of a person either by touching or by an act on the person being arrested for the actual or purported purpose of bringing him/her before a court or for the purpose of carrying through the administration of justice" =? - ANSWER >>arrest "To deprive a person of his/her liberty by legal authority" =? - ANSWER >>arrest "An order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant" =? - ANSWER >>warrant of arrest Who is authorized, within their jurisdiction, to issue warrants of arrest? - ANSWER >>magistrates Who must examine the affiant, then sign the affidavit and put the warrant in writing? - ANSWER >>the magistrate The magistrate must determine that the affidavit proves _______ before providing an arrest warrant. - ANSWER >>probable cause Affiant =? - ANSWER >>person who is accusing the defendant and wrote the affidavit
Instead of arresting someone who is trying to commit suicide, it is preferred that the officer performs an ______. - ANSWER >>emergency detention "Temporary order of protection" =? - ANSWER >>ex parte If someone violates an order of protection, what do you HAVE to do? - ANSWER >>arrest them Who is subject to arrest? - ANSWER >>everyone What types of arrest are congress and legislators immune from? - ANSWER >>immune from civil arrest (but not criminal arrest); they also have criminal/civil immunity from legislative acts Civil arrests are caused by violations of ______ ordinances. - ANSWER >>municipal Do diplomats have immunity from arrest? - ANSWER >>maybe - they'll have a card with a number you can call to see What must you tell the person you're arresting? - ANSWER >>you must inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if you have one If the person you're arresting knows you're there and won't let you inside to arrest them, can you break in? - ANSWER >>Depends: Without warrant - > only in extreme circumstances. Felony warrant - > okay. Misdemeanor with a warrant - > maybe, but make sure it's worth it.
If a private person arrests someone and hands them over to you, what must you do? - ANSWER >>make sure they deserve it, go to the magistrate People under arrest should be able to make a telephone call within _____ hour.
- ANSWER >> If someone commits a misdemeanor, should the officer issue a citation or take them into custody? - ANSWER >>they should issue a citation unless it's (1) a DUI, or (2) the officer is serving a warrant indicating arrest If you're trying to issue a citation and the defendant refuses to provide ID or sign the ticket, what must happen? - ANSWER >>you must arrest them Rule of 8 (Now rule of 6)? - ANSWER >>Reasons you would not give someone a citation when they would normally get one.
- They need medical care., 2. They offender will likely resume the offense or endanger people/property, 3. Won't provide ID, 4. They demand to be taken before magistrate/won't sign citation, 5. Very intoxicated, 6. 1+ outstanding arrest warrants Should you take people into custody for traffic violations? - ANSWER >>no, unless the following- (1) they demand to see a magistrate, (2) murder, (3) DUI, (4) failure to stop resulting in death/injury/property damage, (5) refusal to sign citation "et seq" =? - ANSWER >>and those that follow Is TN a common law state? - ANSWER >>no, we're a statutory state Name the 2 types of criminal offenses. - ANSWER >>felony and misdemeanor
"Should" =? - ANSWER >>preferred "May" =? - ANSWER >>typically discretionary "Must" =? - ANSWER >>shall To charge someone with a crime, you must have what 3 criteria? - ANSWER >>1. elements of the offense are all met; 2. culpable mental state (depending on the offense), 3. meet jurisdiction requirements What criminal code in TCA deals with offenses against persons? - ANSWER >>TCA 39- 13 What criminal code in TCA deals with offenses against property? - ANSWER >>TCA 39- 14 What criminal code in TCA deals with offenses against family? - ANSWER >>TCA 39- 15 What criminal code in TCA deals with offenses against administration of the government? - ANSWER >>TCA 39- 16 What criminal code in TCA deals with offenses against public health/safety/welfare? - ANSWER >>TCA 39- 17 What criminal code in TCA deals with offenses against traffic laws? - ANSWER >>TCA 55 Criminal homicide is just a holding charge in TN until you can determine what?
- ANSWER >>culpable mental state
Aggravated vs non-aggravated? - ANSWER >>aggravated - > caused by weapons or injury Burglary vs aggravated burglary? - ANSWER >>aggravated burglary contains the element of assault What are the 2 major issues that get officers in trouble? - ANSWER >>one instructor says - criminal trespass and disorderly conduct; another instructor says - excessive force and false arrest (???) When is theft a misdemeanor v felony? - ANSWER >>misdemeanor = property is $1000 or less; felony = property is more than $ Name the 3 types of statutory rape. - ANSWER >>1. mitigated, 2. statutory,
- aggravated "Sexual penetration of a victim by the defendant (or vice versa) when the victim is 15-18 years old, and the defendant is 4-5 years older than the victim." =? - ANSWER >>mitigated stat rape "Sexual penetration of (a) a victim who is 13-15 years old and the defendant is 4 - 10 years older than the victim, or (b) a victim who is 15-18 years old and the defendant 5-10 years older" =? - ANSWER >>stat rape "The unlawful sexual penetration of a victim who is 13-18 years old and defendant is at least 10 years older" =? - ANSWER >>aggravated stat rape
amendment protects people, not places. But what they seek to preserve as private may be protected. Can you have an expectation of reasonable privacy in a public restroom? Or on your cell phone? - ANSWER >>yes and yes Is there a crime scene exception to the search warrant requirement? - ANSWER >>no What 4 things does the 4th amendment require for a reasonable search? - ANSWER >>1. probable cause, 2. neutral and detached magistrate, 3. oath/affirmation, 4. particularity "Described beyond the exclusion of all others" =? - ANSWER >>particularity May a state court give less protection to individual liberties than required by the federal courts? - ANSWER >>no, they can only give greater protection "An order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding him to search for personal property, and bring it to the magistrate" =? - ANSWER >>search warrant Who may request a search warrant? - ANSWER >>district attorney general, assistant district attorney general, criminal investigator, other LEO's Who may issue a search warrant? - ANSWER >>a magistrate with jurisdiction Do magistrates in TN have statewide jurisdiction to write warrants, or are they restricted to their area? - ANSWER >>statewide
What does Rule 41 state? - ANSWER >>a magistrate may issue a warrant to search/seize evidence and/or defendants What do you need for a search warrant? - ANSWER >>probable cause and a signed affidavit (described with particularity) For search warrants, the affidavit must demonstrate a ______ between the criminal activity, the place to be searched, and the items to be seized. - ANSWER >>nexus What 3 items do you need for probable cause when writing an affidavit for a search warrant? - ANSWER >>1. search location, 2. item, 3. crime; (remember - S.I.C.) "Something someone told you" =? - ANSWER >>hearsay Is hearsay presumed reliable? - ANSWER >>Depends. From an average citizen = reliable. From a criminal informant (aka snitch) = unreliable. Can a magistrate base a finding of probable cause on hearsay evidence? - ANSWER >>yes, depending on the totality of the circumstances What are instant deaths for warrants? - ANSWER >>fatal flaws How many copies of the warrant should you make? For who? - ANSWER >>at least 3 - 1. left with judge, 2. left at premises with defendant,
- filed with the court after the return is signed by the judge (smart to make more for your own records)
