Font size
WorksheetsChapter 2 Legal for Correctional Officers
Total questions: 100
Worksheet time: 2hrs 38mins
Match each branch to what they do
Legislative
Makes laws
Executive
Carries out laws
Judicial
Interprets Laws
Legislative
Congress, Senate, House of Representatives
Executive
President, Vice President, Cabinet
Match each amendment
1
protects free speech, press, assembly, and religion
5
protects against self-incrimination and guarantees due process
4
protects from unreasonable search and seizure
6
establishes a right to a speedy trial, impartial jury, and assistance of counsel
8
protect against cruel & unusual punishment & prohibit the use of excessive bail
The first ten amendments to the Constitution are known as the (a) The words "We the People" are the first words of the (b) . If a state law (c) the Constitution or federal law prevails (wins).
In addition to protecting you from unfair bail amounts, what else does the 8th amendment protect you from?
Protection from having to house soldiers.
Protection from cruel and unusual punishment.
Protection from unreasonable search and seizures.
Protection from self incrimination (snitching on yourself)
How many amendments are in the bill of rights?
27
10
8
5
What is the supreme law of the United States?
The Constitution
Bill of Rights
Declaration of Independence
What important document contains the Bill of Rights?
Constitution
Declaration of Independence
Match each of the amendments in the Bill of Rights to what it does.
Rights of accused persons, e.g., right to a speedy and public trial.
6th Amendment
Establishes due process and equal protection of the laws in all states
14th Amendment
Freedom from excessive bail, cruel and unusual punishments.
8th Amendment
Protects against self-incrimination, and guarantees due process
5th Amendment
Protects from unreasonable search and seizure
4th Amendment
Criminal Law is defined as
is the body of law formed by the decisions of the court system, which is the judicial branch
is concerned with the legal action that a person takes to resolve a non-criminal private dispute with another person.
behaviors that are deemed unacceptable by society; it also sets punishments for those behaviors
is written and enacted by Congress, state legislatures, or local government, and regulatory laws
______ is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need; it includes criminal, civil, administrative, and regulatory laws.
Criminal Law
Statutory Law
Civil Law
Case Law
Double Jeopardy
The protection from being tried twice for the same crime
Due Process
Fair treatment under the law
Indictment
Having charges brought against a person
Grand Jury
Decides if there is enough evidence for a trial
Petition
To ask the government for changes
The (a) Amendment to the U.S. Constitution prohibits excessive bail.
Protects us from unreasonable search and seizures (a)
police can’t search you or your belongings without a good reason (warrant)
1st Amendment
2nd Amendment
3rd Amendment
4th Amendment
freedom of religion
4th Amendment
3rd Amendment
2nd Amendment
1st Amendment
Which is not one of the rights listed in the First Amendment?
Speedy Trial
Speech
Religion
Petition
Which branch makes the laws and has Congress, Senate, and House of Representatives?
Judicial
Executive
Legislative
The Constitution
Which branch makes interprets laws and has Supreme Court, and Federal Court?
Executive
Judicial
The Constitution
Legislative
Which branch makes the carries out laws and has President, Vice President, and Cabinet?
Executive
The Construction
Legislative
Judicial
Which Branch is responsible for interpreting the laws in the U.S. Constitution?
Match the following articles of the US Constitution to the branch of government it creates:
Article 1
Legislative Branch
Article 2
Executive Branch
Article 3
Judicial Branch
Which Branch is responsible for interpreting the laws in the U.S. Constitution?
Executive Branch
President, Vice President and Cabinet
Legislative Branch
Congress: The Senate and House of Representatives
Judicial Branch
Supreme Court and smaller court systems
Match the following
President, Vice President, Cabinet, independent Gov. agencies
Enforces the Laws
Executive Branch
House of Representatives, Senate
Creates or changes laws
Legislative Branch
Supreme Court, Court of Appeals, District Courts.
Interprets the laws.
Judicial Branch
Match the following branches to their corresponding jobs
Legislative Branch
Makes laws
Executive Branch
Enforces laws
Judicial Branch
Interprets laws
The court system belongs to the (a) branch of the U.S. government.
Legislative branch
makes the laws
(House of Representatives and the Senate)
Executive branch
enforces the laws
(President, Cabinet, and Vice President)
Judicial branch
interprets the laws
(Supreme Court)
Match the following
Legislative Branch
Senate and House of Representatives
Executive Branch
President and Vice-President
Judicial Branch
Supreme Court
Is concerned with the legal action that a person takes to resolve a non-criminal private dispute with another person, and the courts provide a forum for people to settle these disputes.
Is concerned with the legal action that a person takes to resolve a non-criminal private dispute with another person, and the courts provide a forum for people to settle these disputes.
Criminal Law
Case Law
Civil Law
Statutory Law
Joseph has decided to go to court after his neighbor destroyed a statue on his property while going after his dog. The judge orders Joseph neighbor to pay retribution. What type of law does this represent?
Constitutional Law
Civil Law
Military Law
Criminal Law
Someone was harmed in a motorcycle accident and is suing for damages.
Criminal
Civil
Your friend gets caught selling pirated movies
Criminal
Civil
The neighbors are getting a divorce
Criminal
Civil
You slip and fall at the grocery store. You sue the grocery store.
Criminal
Civil
Your aunt goes to court to ask for custody of her child
Criminal
Civil
Some kids in your neighborhood vandalize the park.
Criminal
Civil
When someone is accused of a crime, the type of case is
Criminal
Appeal
Civil
Supreme
____are written laws enacted by a municipal (city) or county government. Local governments create ordinances that regulate actions within the municipality, such as curfews for minors, restrictions on the hours alcohol may be sold or parking regulations
Statutory Law
Civil Law
Case Law
Ordinances
When one person sues another it is because they want to recover damages or receive. . .
jurisdiction
jail time
bail
compensation
Is the body of law formed by the decisions of the court systems, which is part of the judicial branch. The court imposed decisions are based on the court's interpretation of constitutional provisions, and they clarify the meaning of a Florida statute or a Florida administrative rule as applied to a specific set of facts in a case.
Civil Law
Case Law
Statutory Law
Criminal Law
A serious crime is referred to as a . . .
felony
tort
misdemeanor
wrongdoing
How are the Florida Statutes organized?
Topics, subject, sub-subjects
Sub-sections and topics
Titles, or sub-sections, and are further divided into chapters, sections and sub-sections
Section, Sub-portion, paragraphs
Which term? - The authority to hear and decide a case.
Marshal
Magistrate
Jursidiction
Judgment
authority held by a court to hear a case that is appealed from lower court
due process clause
Original Jurisdiction
Concurrent Jurisdiction
Appellate jurisdiction
While the ______ and the ______ direct your actions, correctional agencies establish policies and procedures to guide the daily activities of officers working within facilities in order to meet the specific needs of the agency.
Constitution, FMJS
FMJS, Florida Statutes
Florida Department of Corrects, Florida Statutes
Constitution, Florida Statutes
refers to a breach of law and broadly describes criminal or no criminal acts that are punishable under law.
(a)
is any criminal offense committed where the maximum penalty is death or incarceration in a state correctional facility for more than one year.
(a)
are classified into five degrees, based on the severity of the offense.
(a)
is any criminal offense that is punishable by a term of imprisonment in a county correctional facility of up to one year.
(a)
What are elements of a crime?
documentation was correctly followed, preservation of documentation was followed as outlined in the statutes
proof that the person being charged committed the crime, proof that no excessive force was used during the process
proof that a crime has been committed, proof that the person being charged committed the crime
proof that a crime has been committed, proof that the officer followed the proper chain of custody during the process
True or False
Instrumentalities of a crime can be anything used to commit a crime.
True
False
True or False
Instrumentalities of a crime may take many forms such as bodily fluids, a homemade weapon, a cell phone, a threatening letter, or a recorded phone call.
False
True
are benefits gained or obtained by committing the crime.
(a)
In a correctional facility, the benefit may often be money, or canteen, and commissary items are examples of?
(a)
List the three types of evidence found in a correctional facility.
Personal, Physical, and Documentary
Documentary, Physical, and Testify
Hearsay, Documentary, and Physical,
Documentary, Physical, and Testimonial
Physical evidence is
Testimonial evidence is
(a)
Documentary evidence is
(a)
Physical evidence is
verbal evidence obtained from a witness, victim or suspect
material objects such as weapons, drugs, or money
printed or written evidence such as a call log, written property, receipt, letter or recording
material found within the confines of the courts and cannot be used in a court proceeding
Testimonial evidence
material found within the confines of the courts and can not be used in a court proceeding
material objects such as weapons, drugs, or money
verbal evidence obtained from a witness, victim or suspect
printed or written evidence such as a call log, written property, receipt, letter or recording
Documentary evidence is
verbal evidence obtained from a witness, victim or suspect
material objects such as weapons, drugs, or money
printed or written evidence such as a call log, written property, receipt, letter or recording
material found within the confines of the courts and cannot be used in a court proceeding
is documentation of everyone who handled evidence as well as when, why, and what changes, if any were made to the evidence.
(a)
A search occurs
when a officer examines an area, person, or property for evidence in a place where a person has no reasonable expectation of privacy
when a officer examines an area, person, or property for evidence in a place where a person has a reasonable expectation of privacy
when a officer examines a restricted area, person, or contrabanded property for evidence in a place where a person has a reasonable expectation of privacy
None of these choices
is any unauthorized article foreign to a facility or any authorized article in excessive quantities or altered from its intended purpose
contraband
probable cause
seizure
evidence
True or False
While certain rights of inmates are restricted because of security reasons, they still retain individual rights under the Constitution.
False
True
What are the rights that inmates retain while incarcerated?
freedom from unreasonable search and seizure, protected health information, and privileged visitation
freedom of speech, privilege communication, unreasonable search and seizure
unreasonable search and seizure, privileged communication and visitation
freedom from unreasonable search and seizure, protected health information, and privileged communication
Match each term with the correct definition
Miranda Warnings
Rights read to a suspect
Instrumentalities of a Crime
Tools used to commit a crime
Fruits of a Crime
Items obtained from a crime scene
Evidence
Documents supporting a case
Chain of Custody
Process of maintaining evidence integrity
Match each term with the correction definition
Search
examines an area, person, or property for evidence in a place where reasonable
Contraband
any unauthorized article foreign to a facility or authorized articles excessive
Probable Cause
Reasonable grounds for making an arrest
Privileged Communication
Confidential communications protected by law
Seizure
when an officer affects a person's rights to have a or control their property
What is an other name for HIPPA
(a)
The Health Insurance Portability and Accountability Act known as HIPPA sets
legal stands that make some violations a crime when disclosing inmate health information without consent
privacy standards that make it a violation to knowingly disclose the protected health information w/o consent
criminal and liable standards when inmate health data is accessed without consent
None of the choices
The attorney client privilege is based on which amendment?
(a)
Safeguard inmates from voyeurism by correctional staff, according to (a) standards voyeurism occurs when a correctional staff members invades an inmate's privacy for reasons unrelated to official duties.
Examples of PREA
an inmate performing bodily functions
taking photos of all or part of an inmates naked body
looking at inmate who is using the bathroom in their cell to perform bodily functions
requiring an inmate to expose their buttocks, genitals, or breasts
happens when an inmate or staff acts or attempts to injure, harm, or intimidate a person who has reported sexual abuse and assault
(a)
Match each term with its definition
Reasonable Force
type & amount of force that an officer reasonably believes necessary to overcome
Deadly Force
any force likely to cause death or great bodily harm
Graham v. Connor
standard for evaluating police use of force without use of hindsight
Kingsley v. Hendrick
case establishing the need for objective reasonableness
Excessive Force
force that exceeds what is reasonable under the circumstances
Match each term with the correct definition
Whitley v. Albers
Prison officials are not liable for injuries unless they act with deliberate indifference.
Hudson v. McMillian
Use of excessive force against a prisoner violates the Eighth Amendment.
Graham v. Connor
Officers must have reasonable suspicion to stop and search a person.
Defense of Self and Other
CO's owe a duty of care to inmates, staff, visitors, and the general public.
Officers may be required to act in defense of others in situations where the average person has no duty to intervene
Officer's Duty to Protect Self and Others
Match each term with the correct definition
Section 944.35, F.S.
reasonably necessary of physical force, up to & including deadly force
Section 776.06, F.S.
Use of deadly force
Section 776.07, F.S.
Use of force to prevent escape
Excessive Use of Force
Having justification for reasonable use of force may protect you from liability
Failure to Report Use of Force
You must document all use of force in a timely and clear manner while following
Criminal Liability
occurs if a person is found guilty of committing a crime and is sentenced to incarceration or other penalties
is responsibility for wrongful act or an omission that causes injury to a person or property
is justification for force and is not judged to be excessive
is failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
Civil Liability
is failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
is justification for force and is not judged to be excessive
is responsibility for wrongful acts or an omission that causes injury to a person or property
occurs if a person is found guilty of committing a crime and is sentenced to incarceration or other penalties
a Tort
occurs if a person is found guilty of committing a crime and is sentenced to incarceration or other penalties
is failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
is responsible for a wrongful act or an omission that causes injury to a person or property
is a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity.
Negligence
is failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
occurs if a person is found guilty of committing a crime and is sentenced to incarceration or other penalties
is responsibility for wrongful acts or an omission that causes injury to a person or property
is justification for force and is not judged to be excessive
happens when an officer unlawfully interferes with the fundamental rights of another person, such as the rights to due process and equal protection. What is this called
(a)
When an officer acts or claims to act in the performance of official duties under any law, ordinance, or regulation, they are acting under
(a)
(a) are those presumed to result from the defendant's actions. They include awards for pain and suffering, discomfort, humiliation, and emotional distress. (b) are those actually caused by the injury. They are available to the plaintiff for lost earnings, medical expenses, destruction of personal property and attorney's fees
True or False
In a civil suit, an officer may not be the only defendant. Most suits name the employing agency, its chief, sheriff, warden, or other governmental officials because in most cases, the officer acted within the scope and course of employment.
True
False
True or False
A plaintiff may choose to sue the employing agency because it usually has more financial means and if the plaintiff proves at trial that the officer committed a tort or a civil rights violation, as part of the officers duties, the employing agency is likely to be liable for damages through direct or vicarious liability.
False
True
Match the correct term with the definition
Name the two main categories of damages
Compensatory and Punitive
for an agency can result from action that it took or failed to take that causes injury
Direct Liability
is when a person or entity is held responsible for the negligent actions of another person, even though the first person or entity was not directly responsible
Vicarious Liability
clause in the Fifth Amendment that prohibits any person from being prosecuted twice for the same crime
Double Jeopardy
neglecting to perform what the law or a duty requires.
Omission
What is the primary purpose of punitive damages?
To compensate the plaintiff for specific losses
To restore the plaintiff to their original position before the harm
To punish the defendant for egregious conduct and deter future misconduct
To cover the legal costs of the plaintiff
In tort law, what are damages intended to do?
Punish the defendant
Compensate the plaintiff for losses
Discourage others from committing similar acts
Both A and C
Type of damages award that is in excess of the proven economic loss.
compensatory
nominal
punitive
preliminary
Type of damage where a token amount of money is awarded by a court to a plaintiff to show that the claim was justified.
compensatory
nominal
punitive
preliminary
Type of damage where the court requires a defendant to pay a winning plaintiff to make up for harm caused.
compensatory
nominal
punitive
preliminary
Match the term to the definition
Sovereign Immunity
a government can not be sued by its citizens unless permitted by the law/waiver
Qualified Immunity
protects "government officials from liability for civil damages insofar as condu
Acting Within the Scope of Employment
the range of reasonable and foreseeable activities that an employee does working
Acts Done in Good Faith
officers must be faithful to their duty, honestly intend to avoid undue advanta
Acts Done in a Reasonable Manner
must act in a reasonable manner when responding to any incident, professional
Match the term with the definition
is derived from the common law idea that the king and his agents can do no wrong
Sovereign Immunity
Certain officers would be normally classified as a criminal offense can be justified under the law (case and statutory law)
Acts Justified Under the Law
requires spontaneous action and the officer is not required to use the same degree of judgement and care as when acting under nonemergency conditions
Emergency Doctrine
While it may not be possible to avoid liability , adopting policies and procedures help guide officers while performing their duties
Limiting Liability
protects employees, including officers, charged with civil and criminal actions if those actions occurred within the score and course of employment
Chapter 111, F.S.
The legal defenses that are require to know are?
Acts done in a reasonable manner, Acts unjustified under the law, Acts done in good faith, and Sovereign Immunity
Acts done in good faith, acts done in a reasonable manner, acts justified under the law, Qualified Immunity
Acts done in good faith, acts done in a reasonable manner, acts justified under the law, and emergency doctrine
Acts done in good faith, acts done in a reasonable manner, Scope of Employment
A tort that results when one person carelessly injures another
Intentional tort
False imprisonment
Negligence
Nuisance
Chapter 776, F.S. states?
None of these choices
proof that the officer acted under the authority of the employing agency and intentionally violated the inmates civil rights
an officer is authorized to apply physical force upon an inmate only when and to the extent that it reasonably appears necessary
an officer may use deadly force in self defense or in defense of another from a threat of death or serious physical injury to prevent escape
