Abandoned Property - CORRECT ANSWERS-> Abandoned property is
admissible evidence except where abandonment is coerced by lawful police
action (Commonwealth v. Harris)
What statute allows citizens to use force? - CORRECT ANSWERS-> 505
What statute allows law enforcement to use force? - CORRECT ANSWERS->
508
Statute of Limitations - CORRECT ANSWERS-> Time you were made aware of
charges
What are the four types of culpability? - CORRECT ANSWERS-> Intentionally
> Knowingly
> Recklessly
> Negligently
Rule 600 - CORRECT ANSWERS-> Guarantees the right to a speedy trial for
all criminal defendants; the Commonwealth (District Attorney) is required to
bring a criminal defendant to trial
> If person is out of jail: 365 days
> If person is in jail: 180 days
** if not met within 180 days, person is released on conditions;ex. halfway
house, programming)
What is the retrial period for an individual in jail and a mistrial takes place? -
CORRECT ANSWERS-> 120 days
Four Sources of Law Governing Police Officers Power to Arrest - CORRECT
ANSWERS-> 4th Amendment
> Article 1 Section 8 (PA)
> Case Law (US & PA court decision)
> Statutory Law (PA rules of criminal procedure)
What is the minimum legal proof necessary to justify the seizure of a person
by lawful authority? - CORRECT ANSWERS-> Probable cause
,4 Corner Rule - CORRECT ANSWERS-> If it's not in the affidavit it DOES NOT
count
Sources of Probable Cause - CORRECT ANSWERS-> Observation made
through officers senses
> Reliable info that the officer received from others
> Info that the officer receives through investigation
What are the two clauses that fall under the 4th amendment? - CORRECT
ANSWERS-> Privacy clause
> Warrant clause
Privacy Clause - CORRECT ANSWERS-> People have the right to be secure
(feel safe) in their persons (arrest), houses (home), papers & effects from
unreasonable searches & seizures
> Only prohibits unreasonable searches
Warrant Clause - CORRECT ANSWERS-> Warrant must be:
- based on probable cause
- supported by oath or affirmation (judicial authority to sign off;
judge/magistrate)
- describe place to be search
- describe person or item(s) to be seized
May seize 5 categories of items in a search incident to arrest - CORRECT
ANSWERS-> Fruit of a crime (anything gained; money)
> Instruments of crime (fun, knife, bat)
> Contraband (anything illegal/drugs)
> Other evidence of a crime (clothing)
> Any item the suspect may use to hurt himself/others while in custody (belt,
keys, shoe laces)
What is not a defense of culpability? (304) - CORRECT ANSWERS-> Ignorance
of the law
> Voluntary intoxication/drugged
What is a defense for culpability? - CORRECT ANSWERS-> Duress
> Insanity
> Guilty but mentally ill
> Involuntary intoxication
What types of encounters does law enforcement have with the public? -
CORRECT ANSWERS-> Mere encounter
> Investigatory detention
> Custodial detention/arrest
, What type of proof do you need for an investigatory detention? - CORRECT
ANSWERS-> Reasonable suspicion
What type of proof do you need for a custodial detention? - CORRECT
ANSWERS-> Probable Cause
What are the three components of the Criminal Justice System? - CORRECT
ANSWERS-> Law enforcement
> Courts
> Corrections
Level of Government - CORRECT ANSWERS-> Local/municipal
> County
> State
> Federal
Courts (court system) - CORRECT ANSWERS-> Local (minor courts)
> Court of common pleas (appeals from minor cases)
> Commonwealth court (state court)
> Superior court
> Supreme court
> Federal court
Initial Appearance (preliminary arraignment) - CORRECT ANSWERS->
Defendant is brought before a judge to hear charges & a bail decision
Preliminary Hearing - CORRECT ANSWERS-> show the court the prosecution
has a "prima facie" case (on the surface it warrants putting the defendant
through a prosecution & using the state's resources to pursue the matter)
Formal Arraignment - CORRECT ANSWERS-> Defendant hears charges to be
tried & enters plea
> if plead guilty or solo contenders (no contest) may have a hearing to
determine penalty or may go immediately to sentencing stage
> defendant may plea "not guilty" then the case proceeds to next level
Common Pleas Court (criminal court) - CORRECT ANSWERS-> Trial by jury
> Trials have two primary stages:
- presentation of prosecution
- presentation of defense, if defendant elects to do so
Bail - CORRECT ANSWERS-> A bond to insure the appearance of the
defendant in court if they are not to be held in custody until trial
ROR ( released on recognizance) - CORRECT ANSWERS-> Their word they will
appear in court is their bond
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