EXM1 Flashcards by G Holland

Beliefs that a person holds true

Values

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What are Values?

Beliefs that a person holds true

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A set of standards that define right from wrong

Morals

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What are Morals?

A set of standards that define right from wrong

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Universally held values that never change

Principles

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What are Principles?

Universally held values that never change

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A code of values which guides our choices, actions and determines the purpose and course of our lives

Ethics

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What are Ethics?

A code of values which guides our choices, actions and determines the purpose and course of our lives

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What (4) Four things make up the “Foundation” of Quality Law enforcement? (HM VPE)

(1) - High Morals
(2) - Values
(3) - Principles
(4) - Ethics

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What are the (6) six Pillars of Character?

(1) - Trustworthiness
(2) - Respect
(3) - Responsibility
(4) - Justice & Fairness
(5) - Caring
(6) - Civic Virtue & Citizenship

TRR JF C CVC

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Honesty, integrity, promise keeping, loyalty, avoidance of stealing, cheating - Are Characteristics of which of the 6 pillars of Character?

Trustworthiness

1/6 Pillars of Character

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Letting someone know they are important and worth simply because they are human beings

Respect

2/6 Pillars of Character

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Accountability in the Six Pillars of Character?

Responsibility

3/6 Pillars of Character

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Concerned with actions, processes and consequences that are morally right, honorable and equitable

Justice and Fairness

4/6 Pillars of Character

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Concern for others, compassion, empathy, kindness, charity

Caring

5/6 Pillars of Character

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The duties, rights, conduct and responsibilities of a citizen. Respecting authority and the law, beyond my own self-interest

Civic Virtue & Citizenship

6/6 Pillars of Character

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The Domestic Violence offender gun ban often called ____ ________ _______.

The Lautenberg Amendment

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A gun ban for individuals convicted of a misdemeanor crime of Domestic Violence - refers to?

The Lautenberg Amendment

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What is The Lautenberg Amendment?

A domestic violence offender gun ban.

A gun ban for individuals convicted of a misdemeanor crime of domestic violence.

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What are the (4) Four parts of Intemperance?

(1) - Anger
(2) - Lust
(3) - Greed
(4) - Peer Pressure

ALG PP

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Officers developing “bad habits” can lead to poor judgment - part of what?

Corruption

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Corrosive conditions or temptations

Corruption

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misconduct, cover-ups and abuse of power are?

Corruption

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What are the consequences of “Corruption”?

Loss of Public Support
Loss of Potential Funding
Loss of personal and professional reputation
Lawsuits

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Law Enforcement Officers have been entrusted by their communities to (5)

* Make arrests * Control an individual’s civil rights * Kill a person if the situation dictates * Seize personal property * Use law enforcement information with appropriateness and confidentiality

Good Decision Making

* Decisions often are required to be made in microseconds, minutes or months * Understand all the facts * Consider a variety of solutions * Identify the consequences of each option

These decision are instant and automatic. They require very little thought and are based on experience and prolonged practice

Type 1 Decision Making

What Is Type 1 Decision Making

These decision are instant and automatic. They require very little thought and are based on experience and prolonged practice

These decision are thoughtful and deliberate. They require considerable thought and consideration before a decision can be made

Type 2 Decision Making

What is Type 2 Decision Making

These decision are thoughtful and deliberate. They require considerable thought and consideration before a decision can be made

A seizure occurs when?

* LE intentionally terminates a free citizen’s movement * Includes intentional application of physical force * Even if person does not submit, or * Is not subdued Examples- traffic stops, arrests, investigative detentions

Case Law - "… all claims that law enforcement officers have used excessive force … should be analyzed under the Fourth Amendment and its “reasonableness” standard …"

Graham v. Connor

What are the (4) Four Graham Factors?

1) The severity of the crime at issue; 2) Suspect poses an immediate threat to the safety of the officer or others; 3) Suspect is actively resisting arrest 4) Suspect attempting to evade arrest by flight;

What are some Additional Factors outside of the (4) Four for “Graham Factors"

Additional Factors: * The duration of the officers' action; * The possibility that the suspect may be armed; * The number of persons with whom the police officers must contend at one time; * Whether the force applied was of such an extent as to lead to injury

What matters is the option chosen “at the time” fell within the range of reasonableness - Relates to?

Graham v. Connor

Ready to take place, happening soon, menacing

Imminent Threat

Present, at once, happening now

Immediate Threat

Present, at once, happening now

Imminent Threat

Ready to take place, happening soon, menacing

To prevail in a claim of deliberate indifference - arrestee must show the officer (s) were (3) Three things;

1. Aware of facts from which inference could be drawn substantial risk of harm exists 2. Draw inference; and 3. Act, or fail to act in a manner demonstrating reckless, or callous, indifference toward arrestee’s (individual’s) rights

Failure to provide CPR may show?

Deliberate Indifference

When writing a report for use of force what (3) Three things should be mentioned?

(1) - Facts Not Conclusions (2) - Objective NOT Subjective (3) - Training and Experience

Officers DO NOT HAVE TO WAIT for a gun to be pointed at them

Determinative Issue

Officers CAN respond to the THREAT of violence, rather than the violence itself

Determinative Issue

in most shootings is whether the suspect was an immediate threat of: − Death or Serious bodily harm

Determinative Issue

The subconscious mind communicates through?

Feelings and emotions

In Idaho Use of deadly force shall not be justified in overcoming resistance unless the officer has:

Probable Cause

to believe the resistance poses a threat of death or serious physical injury to the officer or other persons

Probable Cause Idaho state law on using deadly force

18-4011

Justifiable Homicide by Officer

Justifiable Homicide by Office (3)

18-4011 * Homicide is justifiable when committed by public officers and those acting in their command * In obedience to any judgement by a competent court (Death Penalty) * When reasonably necessary in overcoming actual resistance

19-610

What force may be used in idaho

19-608

Information to Person Arrested

Idaho Code for - “…taking a person into custody in a case and in the manner authorized by law.”

19-601

Idaho Code for: * “…actual restraint of the person of the defendant…” * “The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.”

19-602

* “…actual restraint of the person of the defendant…” * “The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.”

Idaho Code for - Justifiable Homicide by Officer

18-4011

19-610

What force may be used on arrest

Case Law - Deadly force may be used if necessary to prevent the offender’s escape

Tennessee v. Garner

Case Law - If the officer is threatened with a weapon or the life of another is so endangered … or … Probable cause to believe suspect has committed a crime involving: The infliction or threatened infliction of serious physical harm

Tennessee v. Garner

Case Law - Where feasible, the officer must give some warning of the intent to use deadly force

Tennessee v. Garner

Determining whether the force was reasonable required careful balancing

Graham Factors

Case Law - What matters is the option chosen “at the time” fell within the range of reasonableness

Graham v. Connor

The Rule That: (1) - Officers to be judged on the facts reasonably known at the time they used force (2) - Judged from the perspective of a reasonable officer at the scene (3) - Facts learned after the fact are not relevant

No 20/20 Hindsight Rule

Case Law -" … all claims that law enforcement officers have used excessive force … should be analyzed under the Fourth Amendment and its “reasonableness” standard …"

Graham v. Connor

Case Law - "… the Fourth Amendment provides an explicit textual source of constitutional protection … that Amendment … must be the guide for analyzing these claims"

Graham v. Connor

“...an ends‐oriented approach to an ethical dilemma that says law enforcement professionals will utilize unethical, and sometimes illegal, means to obtain a desired result. If your actions are inherently bad, then it doesn’t matter what the outcome is — your conduct is ethically wrong."

Noble Cause Corruption

These are all EXAMPLES of what? * Lying on a report * False testimony in court * Planting evidence * Embellishing reasonable suspicion/probable cause to justify a traffic stop

Noble Cause Corruption

What Type of decision making requires very little mental effort?

Type 1

What Type of decision making takes significant mental effort?

Type 2

Example - the equation “2+2= ?” is what Type of Decision?

Type 1

Example - the equation "348 x 295 = ?” is what Typer of Decision?

Type 2

Can our Type of Decisions evolve from one to the other?

Yes Example - POST student who has never handled firearms before would be using Type 2 decision making when tactically reloading, but after time and practice it will become second nature or a Type 1 decision.

What is the worst ramification of corruption?

The loss of respect Law Enforcement suffers in the eyes of the community

Corruption - What was the Rachelle Jackson example from 2002?

Rachelle Jackson saved and officer by pulling him from a burning car after a crash She was accused of stealing the officers firearms Officers coerced her into signing a confession 10 Months in jail until judge dismissed the case $7.7 Million Award for - False arrest, Malicious Prosecution, and coercive questioning

Corruption - What happened to Walter Scott in South Carolina back in 2015?

Officer Michael Slager shot and killed Scott Pulled him over for a broken tail light then shot him in the back Officer Slager claimed Scott struggled for his taser and he shot him b/c he feared for his life Video showed officer made up story and planted evidence next to Scott

What are the Elements for Enforcing and Reporting Violations of Professional Standards Among Colleges (4)

(1) - Inaction (2) - Direct Confrontation (3) - Policy &. Procedure (4) - Utilizing Chain of Command

What is the IACP ?

The International Association of Chiefs of Police (IACP) 68 Countries 1957 Code of Ethics

____ ________ ____ _________ Stands as a preface to the mission and commitment law enforcement agencies make to the public they serve.

The Code Of Ethics IACP 1957 Idaho has a code of ethics of its own

A common core of ethical standards brought forth by Dr. Michael Josephson in July 1992 in Aspen Colorado

The Six Pillars of Character

What year was the Lautenberg Amendment?

1968

This makes it illegal to ship, receive, or posses firearms or ammunition affecting interstate commerce

The Lautenberg Amendment (1968)

Why is the Lautenberg Amendment controversial? Give (2) Two Specific Examples

(1) - Bans guns for life under misdemeanor conviction, which is normally reserved for felony convictions (2) - Does not provide an exemption for law enforcement or military personal

In 1996 Idaho enacted this law that - Suspends drivers licenses (including commercial Licenses), Recreational licenses (Hunting/Fishing), over 350 different recreational licenses (Realty, Plumbers, Electrician's etc), and can even deny someone their passport

The Family Law License Suspension If you are in violation of: - Child support orders, - Subpoenas in paternity and child support cases, - Orders for visitation with minor children

If you are found to be in violation of, (1) Child Support Orders, (2) Subpoenas in paternity and child support cases, or (3) Orders for visitation with minor children - This law can suspend your Drivers License, Occupational Licenses or Deny your passport.

The Family Law License Suspension (1996)

____________ is defined as, excessive indulgence of appetite or passion. Being able to control oneself is a primary function of any law enforcement professional.

Intemperance

When frustration and _______ replace reason, we are doomed to make the wrong choices

Anger

The reason for the increase in high profile corruption cases within the ranks of law enforcement are not difficult to identify. The Primary Cause is __________ ___________.

Human Nature

Corruption - Unless we are insulated by (1) _______ _________, (2) __________, (3) ______________, and (4) ________ ________ of the consequences we are all susceptible to being corrupted.

(1) - Strong Beliefs (2) - Values (3) - Self-discipline (4) - Healthy Fear

Corruption - Accepting _______________ not only places officers in a compromising situation, but can also start to shift an attitude to one of greed

Gratuities

Most officers found to be corrupt have been anywhere from ___ to ____ years on the job. In almost every case, corruption begins when _________ overlook or condone minor infractions.

8 to 15 years Supervisors

Officer Corruption occurs because…. (4)

They have: (1) - An absence of good character (2) - Bad Personal Habits (3) - Extremely Poor Supervision (4) - And are exposed to opportunities to engage in corrupt behavior

What are (4) Four MINOR Consequences of Corruption in Law Enforcement (4)

(1) - Loss of Job / Career (2) - Loss of Reputation (3) - Loss of Friends (4) - Loss of Respect Just a few of the MINOR consequences

What are (2) Two MAJOR Consequences of Corruption in Law Enforcement

(1) - Loss of family (2) - Time in Jail

Corruption - ___________ is not a word used when Law Enforcement personal are found guilty of corruption, or violations occur or abuse of public trust are found.

Leniency

Corruption - Many of the allegations involving Law Enforcement misconduct can be traced back to NOT knowing these (3) Three things

(1) - The Rules (2) - Regulations (3) - Department Policies

Corruption - The best way to stay out of trouble in Law Enforcement is to follow the ______ of the organization.

Rules

There is NEVER a good reason or justification of an illegal or unethical act even if the outcome is a good one or is perceived as a justified outcome. - Part of the definition of….

Noble Cause Corruption

Corruption - Planting evidence could be an example of...

Noble Cause Corruption

Corruption - Define LUST

an intense or excessive desire, often specifically for sexual gratification, but it can also broadly encompass an overwhelming craving or passion for something, such as power or wealth, as implied by its association with intemperance in legal and ethical discussions.

Lust

a strong emotional state of displeasure, hostility, or rage, often leading to impulsive or aggressive behavior, which law enforcement professionals are expected to control to maintain professionalism and avoid misconduct. - Defines what?

Anger

An excessive or selfish desire for wealth, power, or material possessions, often driving unlawful acts like theft or fraud, which law enforcement professionals must avoid to uphold ethical standards. - Defines what?

Greed

the social influence exerted by one’s peers to conform to their behavior, attitudes, or values, often leading to actions that an individual might not otherwise choose, and is relevant in Idaho law enforcement contexts where officers are expected to resist such influences to maintain ethical conduct. - Defines What?

Peer Pressure

Being a Law Enforcement Officer is a position of power that allows them to do these (4) Things

(1) - Make Arrests (2) - Control Individuals Civil Rights (3) - Authority to KILL if the situation dictates (4) - Authority to Seize persons property

Termination of freedom of movement

Seizure

When an officer terminates a free citizens movement

Seizure

Occurs even when a person does NOT submit or is NOT subdued

Seizure

Occurs when there is a governmental Termination of freedom of movement through a means intentionally applied

Seizure

Happens only IF actions were reasonable under current law

Qualified Immunity

When someone sues for a constitutional violation, the officer may have the suit dismissed IF claim of ________ ________ is granted

Qualified Immunity

When must officers request Qualified Immunity?

Well in advance of a trial

Does Qualified Immunity protect officers from criminal investigations, discipline or termination?

What is the “TWO FOLD RATIONAL” for Qualified Immunity?

FIRST - Permits officers to perform duties without fear of constantly defending themselves SECOND - Allows plaintiff to recover damages when their rights are unreasonably violated

Case Law - In what case was the law not “clearly established” allowing for Qualified Immunity to be granted?

Tennessee v. Garner (1984) Because the law was not clearly established the officer received Qualified Immunity

Case Law - In 1985 officer shot and killed a fleeing burglary suspect who was attempting to scale a chain link fence, after being told to halt, who turned out to be 17-18 years of age, of slight build and apparently unarmed. Officer was granted “Qualified Immunity” because the local law was not “Clearly Established"

Tennessee v. Garner (1984)

Case. Law - Case where Supreme Court ruled state statute was UNCONSTITUTIONAL as it allowed for unarmed, non-dangerous suspect unless necessary to prevent escape and the officer has probable cause to believe that the “suspect poses a significant threat of death or serious physical injury to the officer or others”.

Tennessee v. Garner (1984)

What must the court find to DENY Qualified Immunity (2) things?

(1) - Constitutional Violation by officer (2) - Law was clearly established IF denied the case will go to trial

If their is a dispute on the facts for _________ __________ the case will go to trial

Qualified Immunity

Qualified Immunity - Burden of proof is on?

Plaintiff

What is a KEY part of a Qualified Immunity trial

To articulate the facts that could lead a reasonable officer to believe suspect poses a threat

Law Enforcement may use ___________ _______ force to affect a seizure

Objectively Reasonable

Corruption - Officers can develop _____ __________ that lead to poor judgement

Poor Habits

Case Law - What are the (3) Three prongs of Graham v. Connor?

(1) the severity of the crime at issue (2) whether the suspect poses an immediate threat to the safety of officers or others, and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by flight, judged from the perspective of a reasonable officer at the scene.

(3) three considerations for determining whether an officer’s use of force was reasonable under the Fourth Amendment from Graham v. Connor and State v. Bishop

(1) the severity of the crime at issue, (2) whether the suspect poses an immediate threat to the safety of officers or others, and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Case Law - These factors assess the reasonableness of force from the perspective of a reasonable officer at the scene, considering the totality of circumstances without hindsight

Graham Factors

What is the Determinative Issue in most shootings?

Whether the suspect was an immediate threat of DEATH or SERIOUS bodily harm

Can police respond to the threat of violence, rather than violence itself?

Yes Determinative Issue

Do officers have to wait for a gun to be pointed at them?

No Determinative Issue

Officers can respond to a ________ of violence rather than ________ itself

Violence Determinative Issue

Determinative Issue - Do warnings add to the reasonableness of the force option?

Yes

Report Writing - What are the Key Elements of a police report?

Who What When Why How Action Taken

Report Writing - Importance and purpose of taking field notes / Field Interview (FI) cards - Name (5) Five

* Summarization of the incident. Also, the first step in forming a timeline / outline. * Record key phrases, quotes, or buzzwords. * Capture details of the incident. * Scene location or involved person identification. * Discoverable in court (Criminal Rule 16).

What are some (3) examples of Seizures?

(1) -Traffic Stops (2) - Arrests (3) - Investigative Detentions

Health & Nutrition - Aerobic exercise means?

with oxygen

Health & Nutrition - Difference between “Muscular Strength” and “Muscular Endurance”?

Strength = how much you can lift Endurance = how many times you can lift it

Health & Nutrition - __________ disease is ___ times greater in Law Enforcement

CARDIOVASCULAR disease is 25 times greater in Law Enforcement

Health & Nutrition - Difference between DIET and NUTRITION?

Diet = what we eat or drink Nutrition = the value of that food put into our body

Health & Nutrition - How long does Cortisol normally stay in the human body after a stressful event?

About 14 hours

Health & Nutrition - (4) Four major health issues associated with law enforcement:

(1) - Cardiovascular disease (2) - Diabetes (3) - Anxiety (4) - Depression

Health & Nutrition - _______ Is a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances

Stress

Health & Nutrition - Occurs when the body is in an intense situation, negative experience, trauma, anger, fight or flight situation etc. Distress is associated with the fight or flight response.

Distress (Bad)

Health & Nutrition - Occurs when the body is exposed to exercise, activities of choice, positive work etc. It creates a “seize-the-day” heightened state of arousal.

Eustress (Good)

Health & Nutrition - Is a steroid hormone that is produced by the adrenal glands in the body. Once it is released in the bloodstream, it increases the metabolism of glucose and regulates blood pressure. This happens when the body is exposed to stress or exercise. In short, cortisol aids the body during a fight or flight situation.

Cortisol

Health & Nutrition - What are (5) Five Different Types of Stress

(1) - Temporary Stress (2) - Chronic Stress (3) - Past Stress (4) - Current Stress (5) Future Stress

Health & Nutrition - __________ The "fight-or-flight" response that triggered in times of duress. As its name implies it is meant to be __________. Your body should return to a natural state after the situation has passed

#1 - Temporary 1/5 Types of stress

Health & Nutrition - ______________ is suffered for a prolonged period of time in which an individual perceives they have little or no control

Chronic Stress

Health & Nutrition - ___________ is also know as “residual” and is when you cannot let go.

Past Stress / Residual Stress Example - PTSD / PTSI

Health & Nutrition - _________ is experienced during unpleasant experiences and needs to be addressed in immediately.

Current Stress / Encounter Stress / Time Stress

Health & Nutrition - _________ is anticipatory and worrying about what might happen soon.

Future Stress

Health & Nutrition - (4) types of common Stress management

(1) - Meditation (2) Relaxation (3) Breathing Techniques (4) Yoga

Health & Nutrition - What is the average resting heart rate?

70-80 bpm

Health & Nutrition - what is the Optimal heart rate Zone?

115 - 145 bpm

Health & Nutrition - At what heart rate do we lose motor skills

115 bpm

Health & Nutrition - At what heart rate do complex or gross skills begin to deteriorate?

145 bpm

Health & Nutrition - at what heart rate does cognitive processing begin to deteriorate?

175 bpm “tunnel vision” occurs or “auditory exclusion"

Health & Nutrition - at what heart rate is it considered to be catastrophic?

220 bpm

Use of Force -What requires more than negligence; it involves actual awareness or willful blindness to a substantial risk, often applied in cases involving prison conditions or medical neglect

Deliberate Indifference

Use of Force - a legal standard in Idaho and federal law, defined as the conscious or reckless disregard of a known or obvious risk of harm to another person, particularly in contexts like constitutional violations under the Eighth or Fourteenth Amendments, such as failing to provide adequate medical care to inmates or detainees

Deliberate Indifference

Use of Force - What (3) Three things are needed for documenting use of force?

(1) - Facts not conclusions (2) - Being Objective NOT subjective (3) - Training and Experience

Heart Rate of 70 - 80 bpm

Average Resting Heart Rate

Heart Rate of 115 -145

Optimal Heart Rate

Heart Rate of 115 bpm

Loss of Motor Skills

Heart Rate of 145 bpm

Loss of Complex or Gross Skills

Optimal Heart Rate

115 -145 bpm

Average Resting Heart Rate

70 - 80 bpm

Loss of Motor Skills Start at this Heart Rate

115 bpm

Loss of Complex or Gross Skills Heart Rate

145 bpm

Catastrophic Heart Rate

225 bpm

EXM1 Flashcards

(168 cards)