TMAS 1 Study Guide
1. Constitutional The rules and provisions which are found in federal and state constitutions,
law specifically the Bill of Rights
2. Statutory law The laws which are enacted by a legislative body and recorded in the various state,
county, or municipal codes.
3. Case law Laws which are based on previous appellate court decisions that have become
binding on lower court decisions.
4. Letter of the law the law is strictly applied in accordance with the literal meaning of the statute,
leaving no room for interpretation.
5. Spirit of the law the law is applied in accordance with the intent of the legislature, the promotion
of fairness and justice, and not solely in literal compliance with the words of the
statute.
6. Criminal law deals with violations of the criminal statutes. Such violations are called crimes. The
consequence for violating criminal law is prosecution.
7. Civil law deals with noncriminal violations or private wrongs committed by one person
against another. A civil wrong is called a tort, or a breach of contract. The purpose
of civil law is redress, or to right a wrong.
8. statutory defini- A crime is a violation of a criminal statute. Penal Code Section 15 defines a crime
tion of a crime or public offense as "an act committed or omitted in violation of a law forbidding
or commanding it,"
9. basic elements The elements of the crime are the basic facts that must be proved by the pros-
common to all ecution to sustain a conviction. If any of the elements is missing, the crime is
crimes incomplete.
10. basic elements - Penal Code 20 - must be a union or joint operation of act and intent or criminal
required to com- negligence.
mit a crime - ACT: an illegal human act or omission
, TMAS 1 Study Guide
- INTENT: state of mind, criminal intent to distinguish from an accident or mistake
of fact.
11. basic elements Elements of attempts:
required of an at- - Intent
tempt to commit - A direct, but ineffectual act done towards its commission.
a crime PC 664 (attempt statute)
12. General Intent intent is presumed and does not have to be proven.
13. Specific Intent intent is an element of the offense that must be proven.
- i.e. (With the intent to ... For the purpose of...)
14. Transferred In- When an unlawful act affects a person other than, or in addition to, the person it
tent was intended to affect
15. Criminal intent must exist to distinguish the crime from an accident or mistake of fact. Criminal
negligence meets the requirement of criminal intent.
16. Criminal Negli- the failure to exercise ordinary care.
gence
17. Felony a crime, punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
18. Misdemeanor a crime, punishable by a fine and/or imprisonment in a county jail.
19. Infraction A public offense punishable by a fine only
20. Wobblers Crimes that can be charged as either felony or misdemeanor.
21. Principals to a (PC 31) - all persons involved in the commission of a felony or misdemeanor.
crime A Principal includes anyone who:
- directly committed the offense
, TMAS 1 Study Guide
- aided and abetted in the commission of the offense
- advised and encouraged the commission of the offense
- counseled, advised, or encouraged children under the age of 14 years, or
mentally incapacitated persons, to commit the offense
- by fraud, contrivance, or force, occasioned the drunkenness of another for the
purpose of causing that person to commit the offense
- by threats, menaces, command, or coercion compelled another to commit the
offense
22. Accessories to a has knowledge that the principal has committed, has been charged with, or has
crime been convicted of committing a felony (AND)
harbors, conceals, or aids a principal in the felony (AND)
has the intention of assisting the principal to avoid or escape arrest, trial, convic-
tion, or punishment
23. Accomplices to a A principal to a crime becomes an accomplice when he or she testifies for the
crime prosecution against another principal.
24. People legally in- - Children under 14
capable of com- - Persons who are mentally incapacitated
mitting a crime - Persons who committed the act or omission who are:
- under ignorance or mistake of fact,
- without being conscious of the act,
- through misfortune or accident, or
- under threat or menace
25. Officers respon- The right to
sibility - 4th - protect against unreasonable searches and seizures.
Amendment
26.
, TMAS 1 Study Guide
Officers respon- The right to
sibility - 5th - protect against double jeopardy
Amendment - being a witness against one's self,
- due process.
27. Officers respon- The right to
sibility - 6th - a speedy trial
Amendment - an opportunity to confront witnesses
- and the right to counsel during court proceedings.
28. Officers respon- - The right
sibility - 14th - for peace officers to apply the law equally to all people.
Amendment
29. Officer's respon- To protect the Civil Rights of all people as they peratain to the Federal Civil Rights
sibility - feder- Statutes.
al civil rights
statutes
30. Appropriate con- - requesting information (including identification and personal information)
duct during a - interviewing witnesses at the scene of a crime or accident
consensual en- - conversing casually
counter - disseminating information
31. conduct that may - Using emergency lights
elevate a consen- - Selecting a position or placing the patrol vehicle so as to prevent the person or
sual encounter car from leaving
- Issuing orders or commands ("Stop!" or "Come here, now!")
- Using accusatory questioning or tone of voice
- Conducting cursory/pat searches without legal justification
- Demanding and/or keeping a person's identification
32.
1. Constitutional The rules and provisions which are found in federal and state constitutions,
law specifically the Bill of Rights
2. Statutory law The laws which are enacted by a legislative body and recorded in the various state,
county, or municipal codes.
3. Case law Laws which are based on previous appellate court decisions that have become
binding on lower court decisions.
4. Letter of the law the law is strictly applied in accordance with the literal meaning of the statute,
leaving no room for interpretation.
5. Spirit of the law the law is applied in accordance with the intent of the legislature, the promotion
of fairness and justice, and not solely in literal compliance with the words of the
statute.
6. Criminal law deals with violations of the criminal statutes. Such violations are called crimes. The
consequence for violating criminal law is prosecution.
7. Civil law deals with noncriminal violations or private wrongs committed by one person
against another. A civil wrong is called a tort, or a breach of contract. The purpose
of civil law is redress, or to right a wrong.
8. statutory defini- A crime is a violation of a criminal statute. Penal Code Section 15 defines a crime
tion of a crime or public offense as "an act committed or omitted in violation of a law forbidding
or commanding it,"
9. basic elements The elements of the crime are the basic facts that must be proved by the pros-
common to all ecution to sustain a conviction. If any of the elements is missing, the crime is
crimes incomplete.
10. basic elements - Penal Code 20 - must be a union or joint operation of act and intent or criminal
required to com- negligence.
mit a crime - ACT: an illegal human act or omission
, TMAS 1 Study Guide
- INTENT: state of mind, criminal intent to distinguish from an accident or mistake
of fact.
11. basic elements Elements of attempts:
required of an at- - Intent
tempt to commit - A direct, but ineffectual act done towards its commission.
a crime PC 664 (attempt statute)
12. General Intent intent is presumed and does not have to be proven.
13. Specific Intent intent is an element of the offense that must be proven.
- i.e. (With the intent to ... For the purpose of...)
14. Transferred In- When an unlawful act affects a person other than, or in addition to, the person it
tent was intended to affect
15. Criminal intent must exist to distinguish the crime from an accident or mistake of fact. Criminal
negligence meets the requirement of criminal intent.
16. Criminal Negli- the failure to exercise ordinary care.
gence
17. Felony a crime, punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
18. Misdemeanor a crime, punishable by a fine and/or imprisonment in a county jail.
19. Infraction A public offense punishable by a fine only
20. Wobblers Crimes that can be charged as either felony or misdemeanor.
21. Principals to a (PC 31) - all persons involved in the commission of a felony or misdemeanor.
crime A Principal includes anyone who:
- directly committed the offense
, TMAS 1 Study Guide
- aided and abetted in the commission of the offense
- advised and encouraged the commission of the offense
- counseled, advised, or encouraged children under the age of 14 years, or
mentally incapacitated persons, to commit the offense
- by fraud, contrivance, or force, occasioned the drunkenness of another for the
purpose of causing that person to commit the offense
- by threats, menaces, command, or coercion compelled another to commit the
offense
22. Accessories to a has knowledge that the principal has committed, has been charged with, or has
crime been convicted of committing a felony (AND)
harbors, conceals, or aids a principal in the felony (AND)
has the intention of assisting the principal to avoid or escape arrest, trial, convic-
tion, or punishment
23. Accomplices to a A principal to a crime becomes an accomplice when he or she testifies for the
crime prosecution against another principal.
24. People legally in- - Children under 14
capable of com- - Persons who are mentally incapacitated
mitting a crime - Persons who committed the act or omission who are:
- under ignorance or mistake of fact,
- without being conscious of the act,
- through misfortune or accident, or
- under threat or menace
25. Officers respon- The right to
sibility - 4th - protect against unreasonable searches and seizures.
Amendment
26.
, TMAS 1 Study Guide
Officers respon- The right to
sibility - 5th - protect against double jeopardy
Amendment - being a witness against one's self,
- due process.
27. Officers respon- The right to
sibility - 6th - a speedy trial
Amendment - an opportunity to confront witnesses
- and the right to counsel during court proceedings.
28. Officers respon- - The right
sibility - 14th - for peace officers to apply the law equally to all people.
Amendment
29. Officer's respon- To protect the Civil Rights of all people as they peratain to the Federal Civil Rights
sibility - feder- Statutes.
al civil rights
statutes
30. Appropriate con- - requesting information (including identification and personal information)
duct during a - interviewing witnesses at the scene of a crime or accident
consensual en- - conversing casually
counter - disseminating information
31. conduct that may - Using emergency lights
elevate a consen- - Selecting a position or placing the patrol vehicle so as to prevent the person or
sual encounter car from leaving
- Issuing orders or commands ("Stop!" or "Come here, now!")
- Using accusatory questioning or tone of voice
- Conducting cursory/pat searches without legal justification
- Demanding and/or keeping a person's identification
32.
