Final Study Guide
64 Cards in this Set
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Tort law
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Allows individuals to seek recourse against others in the event of personal, physical, or financial injury.
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Criminal law
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A law that defines crimes against the public order.
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Intentional torts
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Assault & Batter
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Negligent torts
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Someone suffers injury because of another failure to live up to a required duty of care
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Proximate cause
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Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
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Potential negligence in criminal justice
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Negligent operation of emergency vehicles; wrongful death; failure to protect; false arrest and imprisonment; malicious prosecution; assault and battery
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Federal tort claims act
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Allows citizens to sue the federal government in certain circumstances for negligence of its employees
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Contributory negligence
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Negligence on the part of the injured party that contributed to the incident resulting in injury. prohibits the plaintiff from recovering damages
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Comparative negligence
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Partial contribution on the part of the injured party that contributed to the incident resulting in injury. diminishes the amount of rewarded damages to the plaintiff
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Assumption of the risk
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The plaintiff accepted the risks when he or she engaged in the action resulting in injury. bars the plaintiff from recovering damages
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Compensatory damages
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Amount equal to the loss sustained.
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Punitive damages
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Damages awarded in excess of normal compensation to the plaintiff to punish a defendant for a serious wrong.
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Nominal damages
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A minimum award to vindicate a right which has been violated but no monetary loss occurred
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Section 1983
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Allows a citizen to sue a state or local government official who has deprived the citizen of some constitutional right or witheld some benefit to which the citizen is entitled
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Essential element of section 1983
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Definition of person; color of law definition; focus of the complaint; remedies; attorney's fees; payment for damages
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Supervisory liability
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Negligent employment; Improper training; Negligent Supervision
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Deliberate indifference
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Total deprivation of medical services
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Litigation
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Act of initiating legal proceedings, as in a lawsuit
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False arrest
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The seizure or forcible restraint of a person without legal authority.
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False imprisonment
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The unlawful confinement of an individual that deprives said individual of his or her liberty
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Failure to protect
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Assertion that the action or lack thereof by a police officer resulted in injury to victim
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Stop and frisk
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Reasonable suspicion to conduct a search
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Mission of DOJ
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Enforces the following laws in order to prohibit discrimination in various areas(employment, education, etc)
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DOJ organization
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Contains 11 sections for the civil rights division
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Criminal section
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Prosecutes cases involving the violent interference with liberties and rights defined in the Constitution or federal law
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O.C.G.A. §16-3-21
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A person is justified in threatening or using force against another to defend himself or herself or a third party against such other's imminent use of unlawful force
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O.C.G.A. §16-3-23
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When use force is justified in defense of habitation
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O.C.G.A. §16-3-20
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When a person's conduct is justified
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O.C.G.A. §16-3-24
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When use of force is justified in defense of property other than habitation
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O.C.G.A. §16-3-25
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Entrapment
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O.C.G.A. §16-3-26
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Coercion
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O.C.G.A. §17-4-20
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Arrests with or without warrants; when use of deadly force is warrented
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Elements of justifiable use of deadly force
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Ability, opportunity, and jeopardy
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GA P.O.S.T. Council
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Oversees the training of both local and state criminal justice personnel
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Mission of the GA P.O.S.T. Council
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To provide the citizens of GA with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals
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The Council consists of..
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19 voting members
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3 main divisions of the Council
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Certification and training, operations, and investgations
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Certification and training division
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Ensure compliance, by agencies and peace officers, of qualifications and training requirements enumerates the P.O.S.T. Act and to bring action against those agencies and officers in noncompliance
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Operations division
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The development of curriculum and examinations, administration of required examinations, and development of instructor training courses
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Investigations division
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Handles the discretionary authority given to the Council to discipline officers, which includes revocation or suspension of certification, probation or other sanctions
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P.O.S.T. certifications
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Be at least 18 years of age; a U.S. citizen; have HS diploma or its equivalent; no criminal record or conviction of any crime; possess good moral character; free from any physical, emotional or mental conditions; successfully complete an academy entrance examination
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GA Public Safety Training Center(GPSTC)
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Located in Forsyth; is the center for state criminal justice personnel
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GA Correction Academy
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Responsible for both basic mandate certification and advanced training for correctional facility and probation operations
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Basic mandate certification - local
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Law enforcement, jail officer, communications officer, and municipal probation officer
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Basic mandate certification - state
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GA bureau of investigations, GA dept. of corrections, GA dept. of natural resources, GA state patrol
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Career development certification
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Intermediate, advanced, senior deputy sheriff, supervisory, management, executive
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Instructor certification
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General, department, field training officer, communications training officer
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Specialized instructor certification
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Defensive tactics, driver, firearms, hazardous materials, speed detection
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155 officers
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Average _ _ killed in the line of duty every year
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1970's (218 officers killed)
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Deadliest decade of police history
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14000
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Over _ names inscribed on law enforcement memorial
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59(73;77)
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Average age of death for a police officer; men and women
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Cancer(esophagus and colon)
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Police morality from _ is higher that general population; digestive organs, especially _ and _ are highest
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Heart disease
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Prevalent cause of death among police officers due to stress, poor diet, lack of exercise and carbon monoxide exposure
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Police suicide
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Higher than other professions; reasons are from frustration, reactive depression, marriage demands, loss of personal control
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Common warning signs of police suicide
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Change in personality; writes a will; gives away possessions; says that they will be missed
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Sudden death in custody
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Statistically rare; inverse relationship
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0%
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_ chance of sudden death in custody
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44 million
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The number of police contact incidents with citizens annually
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Positional asphxication
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The common way many criminals are possibly killed
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1/3/2014
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_ of all autopsy are eronious
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Excited delirium
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Bizarre or aggressive behavior. associated w/ cocaine & amphetamines.
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4 P's of excited delirium
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pharma-logical, physiological, psychological, physical
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Deinstitutionalism
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Allowed mentally ill individuals to live on their own without the need of assistance
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Final Study Guide