Legal Foundations of Correctional
Probation Officers question with
answers
aLaw - -Is a form of social control and a method of encouraging people to behave in a certain way
-Grubbs vs. State - -This statue decision gives probation officers the right to supervise and search an
offender with or w/out a warrant
-Statutory - -This form of law includes Criminal law, civil law, and administrative law
-Criminal Law - -Must clearly describe the unacceptable behavior and set a punishment.
-Civil law - -Pertains to the legal action a person takes to resolve a private dispute with another person
-Admin Law - -Sometimes called regulatory law, is the body of law that allows for the creation of public
regulatory agencies
-Case Law - -The decision of the court system, the judicial branch form this type of law
-Constitutional law - -Defines our form of representative government and identifies the powers and
limitations of it's 3 branches [Executive, legislative, Judicial]
-Supremacy Clause - -States that when laws conflict, federal law generally overrules state and local law.
-Which amendments are related to the job duties of a probation officer? - -1st
2nd
4th
fifth
sixth
eighth
-What are the 2 components of due process? - -Substantial: Fair + consistent enforcement of the law.
Procedural: Steps that protect an individual's rights during a criminal justice process
-Occurs when the court finds a person guilty of committing a crime, sentencing him/her to incarceration
or other penalties. - -Criminal Liabilty
-Is a responsible for a wrongful act or an omission that injures a person or property + most often
involves negligence. - -civil liability
-Tort - -a civil wrong in which the action or inaction of a person or entity violates the rights of another
person or entitiy and can serve as grounds for a lawsuit
-The failure to use reasonable care in a situation that results in harm to another - -Negligence
, -What are the four elements of negligence - -
-What are the two types of damages - -Compensatory damages and Punitive damamges
-When you act to purport to act in the performance of official duties under any law, ordinance, or
regulation. - -Color of authority/color of law
-Arises in causes in which the officer committed an intentional or negligent tort in violation of the
department policy. - -Direct Liability
-Occurs when the court holds one person or entity liable for the negligent actions of another person
even though the first person's entity was not directly responsible for the injury. - -Vicarious Liability
-is a legal doctrine that protects state and local government agencies + officials, including criminal
justice against civil suit or criminal prosecution - -Sovereign Immunity
-Protects "Government officials" from liability for civil damages in so far their conduct does not violate
clearly established statutory or constitutional rights - -Qualified immunity
-when sudden peril requires instinctive action you are required to use the same degree of care as when
there is time to use the same degree of care as when there is time to reflect - -Emergency doctrine
-The most common type of search and is limited to what an officer can plainly see. in an unobstructed
fashion - -Plain view observation
-Ensures an offender is complying with conditions of supervision the officer makes a visual inspection of
the offender's living quarters - -Walk through visual inspection
-Is an act that occurs when the government affects a person's right to have or control his/her property,
usually by physically taking that property - -Seizure
-What are the two components of due process - -Substantive and Procedural
-Substantive due process - -the fair and consistent enforcement of the law
-Procedural due process - -refers to the steps that protect an individual's rights during a criminal justice
process
-Tort - -a civil wrong in which the action or inaction of a person or entity violates the rights of another
-is a legal doctrine that protects state and local government agencies and officials, including criminal
justice, against civil suit or criminal prosecution - -Sovereign Immunity
-Compensatory damages - -intend to reimburse for actual property damage, harm, or injury that the
plaintiff suffers
Probation Officers question with
answers
aLaw - -Is a form of social control and a method of encouraging people to behave in a certain way
-Grubbs vs. State - -This statue decision gives probation officers the right to supervise and search an
offender with or w/out a warrant
-Statutory - -This form of law includes Criminal law, civil law, and administrative law
-Criminal Law - -Must clearly describe the unacceptable behavior and set a punishment.
-Civil law - -Pertains to the legal action a person takes to resolve a private dispute with another person
-Admin Law - -Sometimes called regulatory law, is the body of law that allows for the creation of public
regulatory agencies
-Case Law - -The decision of the court system, the judicial branch form this type of law
-Constitutional law - -Defines our form of representative government and identifies the powers and
limitations of it's 3 branches [Executive, legislative, Judicial]
-Supremacy Clause - -States that when laws conflict, federal law generally overrules state and local law.
-Which amendments are related to the job duties of a probation officer? - -1st
2nd
4th
fifth
sixth
eighth
-What are the 2 components of due process? - -Substantial: Fair + consistent enforcement of the law.
Procedural: Steps that protect an individual's rights during a criminal justice process
-Occurs when the court finds a person guilty of committing a crime, sentencing him/her to incarceration
or other penalties. - -Criminal Liabilty
-Is a responsible for a wrongful act or an omission that injures a person or property + most often
involves negligence. - -civil liability
-Tort - -a civil wrong in which the action or inaction of a person or entity violates the rights of another
person or entitiy and can serve as grounds for a lawsuit
-The failure to use reasonable care in a situation that results in harm to another - -Negligence
, -What are the four elements of negligence - -
-What are the two types of damages - -Compensatory damages and Punitive damamges
-When you act to purport to act in the performance of official duties under any law, ordinance, or
regulation. - -Color of authority/color of law
-Arises in causes in which the officer committed an intentional or negligent tort in violation of the
department policy. - -Direct Liability
-Occurs when the court holds one person or entity liable for the negligent actions of another person
even though the first person's entity was not directly responsible for the injury. - -Vicarious Liability
-is a legal doctrine that protects state and local government agencies + officials, including criminal
justice against civil suit or criminal prosecution - -Sovereign Immunity
-Protects "Government officials" from liability for civil damages in so far their conduct does not violate
clearly established statutory or constitutional rights - -Qualified immunity
-when sudden peril requires instinctive action you are required to use the same degree of care as when
there is time to use the same degree of care as when there is time to reflect - -Emergency doctrine
-The most common type of search and is limited to what an officer can plainly see. in an unobstructed
fashion - -Plain view observation
-Ensures an offender is complying with conditions of supervision the officer makes a visual inspection of
the offender's living quarters - -Walk through visual inspection
-Is an act that occurs when the government affects a person's right to have or control his/her property,
usually by physically taking that property - -Seizure
-What are the two components of due process - -Substantive and Procedural
-Substantive due process - -the fair and consistent enforcement of the law
-Procedural due process - -refers to the steps that protect an individual's rights during a criminal justice
process
-Tort - -a civil wrong in which the action or inaction of a person or entity violates the rights of another
-is a legal doctrine that protects state and local government agencies and officials, including criminal
justice, against civil suit or criminal prosecution - -Sovereign Immunity
-Compensatory damages - -intend to reimburse for actual property damage, harm, or injury that the
plaintiff suffers
