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