Criminal Justice ACAT
Net-widening
"Net widening" or "widening the net" is the name given to the process of administrative or practical changes that result in a greater number of individuals being controlled by the criminal justice system
Truth-in-sentencing laws
"What you see is what you get"
4 types of conflict
1) inter personal 2)intragroup 3)inter group 4)inter organizational
5 goals of sentencing that coincide with the 5 goals of the criminal justice system
1. Retribution- 2. Incapacitation-- 3. Deterrence- 4. Rehabilitation - 5. Restoration
How many justices are on the supreme court?
9
A successful negotiation results in what?
A contract that is acceptable to all sides.
felony
A serious crime, usually punishable by death or imprisonment for a year or longer.
Piece-price system
A system in which goods were produced for private businesses under prison supervisions
reckless mens rea
Activity that increases the probability of harm
Street time
Amount of time spent under supervision prior to a finding of a violation
JUST DESERTS
Calls for abolishment of parole, a return to the classical school
Strict Liability Crimes
Certain crimes, such as traffic violations, in which the defendant is guilty regardless of his or her state of mind at the time of the act. Liability without fault or intention; do not require mens rea
The FBI is organized under the
Department of Justice
Escobedo v. Illinois
Held that suspects have a right to counsel during interrogations under the Sixth Amendment.
Vigilantism
Individuals who without legal authorization conduct a trail of an accused.
Jeremy Bentham
Jeremy Bentham was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.
According to your textbook, which is the dominant method of execution in the United States today?
Lethal Injection
No contest means
No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime).
back door programs
Parole/Supervised release
Five eras of prison history in the U.S.
Pennsylvania, Auburn, Big House, Corrections, and Just Desserts
Pretrial detention vs. pretrial release
Pretrial detention- if a defendant is charged with a very serious crime, bail can be denied and defendant stays in jail until the conclusion of the trial Pretrial release- the release of an accused person from custody, for all or part of the time before or during prosecution,upon his or her promise to appear in court when required.
Types of mens rea:
Purposeful - Intentionally firing a gun, hitting and killing Knowing- aware that the act could result in illegal behavior/harm Reckless- Activity that increases the probability of harm Criminal negligence- behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; assumes person should have known better
Chimel v. California ruled that an officer may, what?
Search the person arrested and the area into which he could reach for a weapon without additional justification.
After failed contract negotiations, police officers may do what?
Strikes and blue flu.
Conformity
Striving for socially approved goals and following normal means of achieving them.
Courts of general jurisdiction
Superior court, circuit courts or county courts authorized to hear any criminal case provides the first level of appellate review for courts of limited jurisdiction
What is the Supreme Court ruling concerning preventive detention?
The Supreme Court has held that in the matter of preventive detention, once the detaining authority is subjectively satisfied about the various offenses labeled against the detenu, habituality in continuing the same, difficulty in controlling him under normal circumstances, he is free to pass appropriate order to detain him.
Attorney General
The chief law officer of a state; also, the chief law officer of the nation.
Miranda Rights
The constitutional rights of accused persons taken into custody by law enforcement officials
Venire
The group of citizens from which the jury is selected
National Security Agency (NSA}
The intelligence agency that is responsible for protecting U.S. government communications and producing intelligence by monitoring foreign communications.
Beyond a reasonable doubt
The level of proof required to convict a person of a crime
Amendment X
The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.
Release of Recognizance
The release of a defendant into their own care or care of another without posting bond.
pretrial release
The release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.
officers enter the home of a man and place him under arrest. the man was located and arrested in his living room area. law enforcement officers then conducted a protective sweep of all of the upstairs area, basement, and garage areas to ensure none else was in the home that could harm the officers.
This full sweep is only justified if there is reasonable suspicion to believe accomplices are present that could harm the officers.
Double Jeopardy
To be tried twice for the same criminal offense
5 Modes of Adaption
Used of strain caused by restricted access to the socially approved goals and means. 1. Conformist 2. Ritualist 3. Retreatist 4. Rebel 5. Innovator
Public-account system
a system in which industries are owned entirely by prisons and the prison handle the manufacture of goods from beginning to end.
state-use system
a system in which prisons manufacture goods only for use by the prison or other government agencies
Just desserts
calls for abolishment of parole, a return to the classical school.
To whom is the appeals process available?
defense
The dependent variable is assumed to be the
effect
FISA authorizes the court to conduct _______ of surveillance materials.
ex parte, in camera reviews
Super max prison
high security facility featuring solitary confinement
The term or conditions of parole are determined or set by the
parole board
An example of a status offense would be
running away
Theories which view criminal behavior as a result of forces operating in deteriorated and depressed lower class areas are known as what?
social structure theories
The police subculture includes
socialization, blue curtain (the code), the 'us vs. them' outlook, acceptable ways to act., proper ways of thinking, values that permeate agencies, etc.
Pinkerton Rule
the crime of conspiracy and the crime the conspirator agree to commit are separate offenses
Parole agency
typically provides institutional services
Technical violations
violations of conditions of community supervision, without commission of a new crime
Part I offenses- There are two categories
violent and property crimes. They include murder and nonnegligent homicide, forcible rape, robbery, aggravated assault, burglary, motor vehicle theft, larceny-theft, and arson.
Cordner and Scarborough 4 leadership styles
1) Administrator - attention inward 2) Top cop - leadership rather than management 3) Politician - attention outward 4) Statesman - internal and external affairs
Down's 4 Bureaucratic leadership styles
1) Climbers - ambitious 2) Conservers - bureaucrats maintain the status quo 3) Zealots - members with a mission 4) Advocates - particular unit
When was the era of conflicting pressures?
1960s-present
Consensus Model
A Criminal Justice Model in which the majority of citizens in a society share the same values and beliefs.
Methods for improving patrol:
Aggressive patrol. Targeting specific crimes. Making more arrests
At what stage are Victim Impact Statements allowed in a trial?
Before sentencing
What is the FTO program?
Designed to ensure that recruits have the basic competencies to perform as police officers.
Due process requirements
Evidence and investigation (search and seizure) Arrest Interrogation
Distributive Justice
Justice in the distribution of goods and wealth
Administrative law
Law made and enforced by admin./regulatory agencies either a the federal or state levels.
Do you need a warrant to establish a roadside sobriety checkpoint?
No
Cold Hit
The establishment of a connection between a suspect and a crime in the absence of an ongoing criminal investigation
For the positivist, behavior is determined by
biological forces, psychological forces, and social forces
mitigating factors
circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness or the defendant
Complicity
crimes that make one person criminally liable for someone else's conduct.
Which of the following is not typically considered intellectual property?
Where are felons usually incarcerated?
in a state or federal prison
The Broken Windows theory
is based on order maintenance.
What level of evidence is needed for an arrest warrant?
probable cause
Free will
the freedom and ability to choose
What stages are defendants not present?
(a) When Required. Unless this rule, Rule 5, or Rule 10 provides otherwise, the defendant must be present at: (1) the initial appearance, the initial arraignment, and the plea; (2) every trial stage, including jury impanelment and the return of the verdict; and (3) sentencing. (b) When Not Required. A defendant need not be present under any of the following circumstances: (1) Organizational Defendant. The defendant is an organization represented by counsel who is present. (2) Misdemeanor Offense. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant's written consent, the court permits arraignment, plea, trial, and sentencing to occur by video teleconferencing or in the defendant's absence. (3) Conference or Hearing on a Legal Question. The proceeding involves only a conference or hearing on a question of law. (4) Sentence Correction. The proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C. §3582 (c). (c) Waiving Continued Presence. (1) In General. A defendant who was initially present at trial, or who had pleaded guilty or nolo contendere, waives the right to be present under the following circumstances: (A) when the defendant is voluntarily absent after the trial has begun, regardless of whether the court informed the defendant of an obligation to remain during trial; (B) in a noncapital case, when the defendant is voluntarily absent during sentencing; or (C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom. (2) Waiver's Effect. If the defendant waives the right to be present, the trial may proceed to completion, including the verdict's return and sentencing, during the defendant's absence.
know the four elements of the control process
1) Determining areas to be controlled 2) Establishing standards and expectations 3) Measuring performance 4) Taking corrective action
Mechanisms of behavioral control include what?
1) Direct supervision 2) Management by objectives 3) Rules and standards operating procedures
"Big Five" personality traits
1) Extroversion 2) Agreeableness 3) Conscientiousness 4) Emotional stability 5) Openness to experience
Crime Control Model
A Criminal Justice model that places primary emphasis on the right of society to be protected from crime and violent criminals
shock incarceration
A sentencing option that makes use of "boot camp"-type prisons to impress on convicted offenders the realities of prison life
Sentencing Disparity
A situation in which those convicted of similar crimes do not receive similar sentences
The Uniform Crime Reports shows data as
As an aggregate or total As a rate As a percentage (all 3)
The agency associated with running the jail is
County Sheriff
Appellate Courts
Courts hearing cases appealed from a lower court.
Furman v. Georgia
Death penalty is cruel and unusual punishment
Frivolous appeals
Generally disposed of quickly. No significant new issues. Little substance.
interactionist viewpoints
In sociology, interactionism is a theoretical perspective that derives social processes (such as conflict, cooperation, identity formation) from human interaction.
Probation officers need _________ that a probationer engaged in criminal activity before conducting a search.
Reasonable suspicion
Amendment VI
Shall enjoy the right to a speedy and public trail, by an impartial jury;
Amendment IX
Shall not be construed to deny or disparage others retained by the people
Which of the following police operations best exemplifies community-oriented policing?
The hiring of bilingual officers to patrol ethnic neighborhoods.
The "blue certain" is a term used to describe:
The secretive insulated police culture that isolates officers from the rest of society.
Courts of limited jurisdiction
Trail courts Where criminal cases begin: Conduct arraignments, set bails, and take pleas. Conducts trial if case is minor
Which LE agency is responsible for fugitive investigations?
US Marshal Service.
"Nothing works"
a conclusion by Robert Martinson that no correctional treatment program reduces recidivism.
split sentence or sentencing
is a sentence which the defendant serves up to half of his term of imprisonment outside of prison
Procedural defense and types
- when a defendant was discriminated against in the justice process in some manner, * Entrapment, Double jeopardy, Collateral estoppel (applies to facts that have been determined by a valid and final judgement) , Selective prosecution, Denial of speedy trail, Prosecutorial misconduct, Police fraud
The standard conditions of probation involve
-Regular Contact with probation officer treatment to reverse self-destructive pattern -fines or community service -not leaving the jurisdiction -regular reporting -treatment options
Concentric zone theory consisted of 5 zones:
-a series of distinctive circles radiating from the central business district used to describe differences in crime rates - Central business district, Transitional zone( highest crime rate), Working-class zone, Residential zone, Commuter zone
The Statute of Limitations is tolled (stopped) when which of the following occurs?
-an arrest is made -an indictment is handed down by a grand jury -the perpetrator of the crime turns himself into the police.
The due process model
-assures constitutional rights of the accused. -limits police discretion. -protects individuals from the power of the State
Some crimes require proof of a specific intent, the mens rea, and the prosecutor must show the defendant desired the prohibited act. Which of the following is a specific intent crime?
-battery -larceny -embezzlement
The Crime control model of crime involves the ideas that
-criminal law is applicable. -the right of society to be protected from crime and violent criminals -law enforcement must be counted on to control criminal activity
Major purposes of police patrol:
-deter crime by maintaining a visible police presence -maintain a public order (peacekeeping) within the patrol area -enable the police department to respond quickly to violations of la or other emergencies -identify and apprehend law violators -aid individuals and care for those who cannot help themselves -facilitate the movement of traffic and people -create a feeling of security in the community
Electronic monitoring is beneficial to corrections because why?
-it can be used in various stages of the justice process -low in cost -it reduces the need for the hiring of additional corrections officers
Police must observe the requirements imposed by the Miranda rule only when
-the interrogation takes place at the police station. -the suspect has already been charged with the offense for which he or she is being interrogated. -the suspect is in custody at the time of the interrogation.
Liker's leadership style continuum
1) Exploitive authoritarian - no confidence or trust in subordinates 2) Benevolent authoritarian - sometimes managers and supervisors listen to subordinates 3) Consultative-management establishes goals 4) Participative-subordinates have input
What's the process of gathering ESI following a warrant?
1) LEO enter the place(s) housing the devices on which data are stored. Search the premises and seize the devices which data may be stored. 2) Devices are subsequently examined by forensic computer specialists.
Comprehensive Theory of Motivation
1) Level of motivation 2) Decisions (choices) about their behavior 3) Different needs, desires, and goals 4) Decided to be productive
When can officers make a protective sweep?
1) Need to pass through various rooms when entering or leaving premises to make an arrest. 2) Conduct a quick and limited search of premises incident to an arrest on those premises to protect both their own safety and the safety of others from potential accomplices linked to the arrestee, and 3) Conduct a limited search of the premises if believed evidence is about the be destroyed or removed as they make an arrest.
Before issuing an interception order, the court must find what?
1) PC the person is committing the specified crimes 2) PC communications concerning offense will be obtained 3) Normal investigative procedures have been tried and failed 4) Facilities are being used in connection with crime
Core beliefs at the heart of the police culture (6):
1) Police are the only real crime fighters 2) No one else understands the real nature of police work 3) Loyalty to colleagues counts above everything else 4) It is impossible to win the war against crime without bending the rules 5) Members of the public are basically unsupportive and unreasonably demanding 6) Patrol work is the pits
Police employee unions seek to achieve what?
1) Recognition of the organization 2) Better economic benefits 3) Better job conditions 4) A voice in management policies 5) In some cases, professionalization of the police
Four traditional measures of productivity:
1) Time spent at work 2) Arrest rates / citations issued 3) Percentage of arrests that lead to convictions 4) Citizen
5 zones of Concentric Zone Theory
1. Central business district 2. Transitional zone - highest crime rate 3. Working-class zone 4. Residential zone 5. Commuter zone
The Bill of Rights
1. Freedom of Religion/speech/press/assembly/petition 2. Right to Keep and bear arms 3. No quartering of soldiers 4. Freedom from unreasonable search and seizures 5. Due process of law, freedom from self-incrimination, double jeopardy 6. Rights of accused, speedy and public trial 7. Trial by jury in civil cases 8. Freedom from excessive bail, cruel and unusual punishment 9. Other rights of the ppl 10. Powers not stated here are reserved to the states
Steps in a criminal trial
1. Lawyers present opening statements, sometimes omitted 2. Plaintiff calls witnesses and produces evidence to prove its case 3. Defendant may call witnesses/produce evidence to disprove plaintiff's case and prove defendant's case 4. Plaintiff may call rebuttal witnesses to disprove what was just said by defendant 5. Closing arguments are made by each lawyer 6. Judge instructs/ charges jury as to the law 7. The jury retires to deliberate 8. Jury reaches verdict
What do line personnel in prisons do?
1. direct contact with inmates 2. day to day goals of prison 3. example: rehab, retribution, deterrance
Types of Procedural Defenses
1. entrapment 2. double jeopardy 3. collateral estoppel 4. selective prosecution 5. denial of speedy trial 6. prosecutorial misconduct 7. police fraud
5 elements involved in planning negotiations
1. understand the problem 2. gather information 3.determine if necessary ingredient for negotiation exist 4. administrators need to plan 5. set psychological tone
The federal court system has jurisdiction over what 6 kinds of cases:
1.Federal law, 2.disputes between states (or citizens of different states) 3.claims against the US, 4.Constitutional issues, 5.Treaties with other countries, 6.Cases of the admiralty and maritime jurisdiction
How many US Courts of Appeals are there?
13
When was the Political era?
1830s-1900
When was the professional era?
1900-1960s
Price v. Johnson
1948 Supreme Court case ruling that convicted inmates must expect that as a part of their punishment they lose the freedoms that free citizens take for granted.
Generally hate speech is protected by what amendment?
1st Amendment
Team Policing
21st century concept where law enforcement agencies partner with the community to solve problems, reduce crime, and the fear of crime.
The Code of Hammurabi had how many laws? and the Code of Hammurabi was supposed to...
282 and protect the weak and the conquered.
The Bill of Rights contains _____ amendments that refer to procedural safeguards.
4 Amendments
What are the recidivism rates for those on probation?
43 percent of the felony probationers and 62 percent of the parolees will be rearrested within three years after beginning community supervision
The Miranda Warnings fall under the ______ amendment.
5th Amendment
The free and voluntary requirement as it pertains to confessions and interrogations derives from the
5th Amendment
Due process falls under which two amendments?
5th and 14th
Protection against double jeopardy is provided in the
5th and 6th amendments
Speedy trial falls under which amendment?
6th amendment
Bail falls under what constitutional amendment?
8th amendment
Which amendment discusses the issue of bail?
8th amendment
The total number of US Supreme Court Justices is
9
A speedy trial act
A 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment
Plea bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
Tort Law
A civil wrong which can be redressed by awarding damages
Truth in sentencing
A close correspondence between the sentence imposed on an offender and the time actually served in prison.
Home Confinement / Incarceration
A community-based sanction in which offenders serve their terms of incarceration in their homes
social disorganization
A condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus.
Infancy
A condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions.
Police reforms of the 60's and 70's
A crime control model was established and the police departments became centralized entities. The relationship with the community became professional and not as approachable. Technology created police patrolling in cars and the creation of 911 emergency number cut down response times for getting help. Corruption was targeted in communities by creating law enforcement ethical codes of conduct.
Conflict Model
A criminal justice model which the content of criminal law is determined by the groups of that hold economic, political and social power in the community.
Misdemeanor
A criminal offense that is not a felony; usually punishable by a fine and/or a jail term of less than one year
Necessity
A defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.
training school
A detention home that offers vocational training to juvenile offenders
Parens Patriae (concept of)
A doctrine that holds that the state has a responsibility to look after the well-being of children
jail
A facility used to hold persons a waiting trial or those who have been found guilty of misdemeanors.
State-Use System
A form of inmate labor in which items produced by inmates may be sold by or to only state offices. Items that only the state can sell include such things as license plates and hunting licenses, while items sold only to state offices include furniture and cleaning supplies.
Blended sentence
A form of offense-based sentencing that requires the juvenile to serve both a term of probation and time in an adult correctional facility
Intensive Supervision Probation (ISP)
A form of probation in which the offender is placed under stricter and more frequent surveillance and control than in conventional probation
residential treatment programs
A government-run facility for juveniles whose offenses are not deemed serious enough to warrant incarceration in a training school.
Actus Reus
A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
Revocation hearing
A hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation
Disposition Hearing
A hearing in which the juvenile judge or officer decides the appropriate punishment for a youth found to be delinquent or a status offender.
Most law enforcement agencies require what level of education?
A high school diploma or equivalent. Many departments require some college or even a college degree.
Grand jury
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
Parens patriae
A legal doctrine that gives the state the authority to act in a child's best interest.
Blue Curtain
A metaphorical term used to refer to the value placed on secrecy and the general mistrust of the outside world shared by many police officers.
Self-Reported Surveys
A method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior.
Missouri Plan
A method of selecting judges that combines appointment and election.
moral entrepreneur
A moral entrepreneur is an individual, group or formal organization that seeks to influence a group to adopt or maintain a norm. Moral entrepreneurs are those who take the lead in labeling a particular behavior and spreading or popularizing this label throughout society. By Howard Becker
Determinate Sentencing
A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials
Guardian ad litem
A person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law
Biological school
A perspective on criminological thought that holds that criminal behavior has a physiological basis. Focus is on the individual rather than the crime
Psychological school
A perspective on criminology thought that views offensive and deviant behavior as the product of dysfunctional personality. Identify the conscious and subconscious, contents of the human psyche as major determinants of behavior
Landmark case
A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system.
Auburn System
A prison system in New York which enforced rigid rules of discipline, while also providing moral instruction and work programs.
Prosecutorial Waiver
A process in which the prosecutor decides whether a juvenile offender's case will be heard in juvenile or adult court
Incident-Driven Policing
A reactive approach to policing that emphasizes a speedy response to calls for service
Pre-sentence Investigation Report (PSI)
A report to the court that makes a recommendation for a sentence based on the individual's criminal history, nature of the offense, and needs. In some cases, it involves interviews with parents/guardians, school officials, treatment providers, and social services.
Attorney-Client Privilege
A rule of evidence requiring that communications between a client and his or her attorney be kept confidential unless the client consents to disclosure.
Rule of Four
A rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case
Exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Proportionality
A sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.
Chicago School
A sociological approach that emphasizes demographics and geographic.
victim impact statement
A statement to the sentencing body (judge, jury, or parole board) in which the victim is given the opportunity to describe how the crime has affected her or him.
Departure
A stipulation that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.
Pennsylvania system
A system of prison administration in which inmates lived in solitary confinement, total silence, and religious penitence as the way to prevent future criminal behavior.
Electronic Monitoring
A technique of probation supervision in which the offender's whereabouts are kept under surveillance by an electronic device
Dark Figure of Crime
A term used to describe the actual amount of crime that takes place. The "figure" is "dark," or impossible to detect. because a great number of crimes are never reported to the police.
Child saving movement
A term used to describe the efforts of reformers in the late nineteenth and early twentieth centuries to rescue children from "unwholesome influences." The movement led to the development of children's institutions, foster care, and the juvenile court.
Irresistible-Impulse Test/Rule
A test for the insanity defense under which a defendant who knew his or her action was wrong must establish that he or she was unable to resist the urge to commit the crime. Defendant knew what he or she was doing was wrong; however he or she couldn't help himself or herself
Substantial-Capacity Test
A test that states that a person is not responsible for criminal behavior if he or she had no awareness of wrongdoing or was unable to control his or her actions
Cultural Deviance Theory
A theory based on the assumption that members of certain subcultures reject the values of the dominant culture through deviant behavior patterns.
Deprivation Model
A theory that inmate aggression is the result of being deprived of freedom, consumer goods, sex, and other staples of life outside the institution.
GREAT DEPRESSION
A time of utter economic disaster; started in the United States in 1929.
Bench Trial
A trial conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence
Challenge for Cause
A voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury
Search incident to arrest
A warrantless search of a person and the area around that person, conducted shortly after the person is arrested.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Indictment
A written accusation that probable cause exists to believe that a named person has committed a crime
Short form pre-sentence investigation
Abbreviated written report summarizing the type of information most likely to be useful in the sentencing decision.
Innovator
Accepts the societal goals while rejecting the approved means of obtaining the goals. Results in commission of property crime and white-collar crime
Mala in se
Acts that are crimes because they are inherently evil or harmful to society
pretrial diversion program
An alternative to trial offered by a judge or prosecutor, in which the offender agrees to participate in a specified counseling or treatment program in return for withdrawal of the charges.
Uniform Crime Report (UCR)
An annual report compiled by the FBI to give an indication of criminal activity in the United States
Utilitarianism (concept of)
An approach to ethical reasoning in which the "correct" decision is the one that results in the greatest amount of good for the greatest number of people affected by their decision
restorative justice
An approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act.
Special needs doctrine
An exception to the warrant and PC requirement "beyond the normal need for law enforcement, make the ware and PC requirement impracticable."
Victim impact statement
An in-court statement made by the victim or by survivors to sentencing authorities seeking to make an informed sentencing decision
preliminary hearing
An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged.
Inchoate offense
An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.
Hearsay evidence
An oral or written statement made by an out-of-court declarant that is later offered in court by a witness (not the declarant) concerning a matter before the court.
What is stress and when may it occur?
Anything that places an adhesive demand on the organism; can be positive or negative (distress); has both biological and psychological effects as it is associated with a number of health problems and diseases as well as psychological or personality disorders. Occurs when the individual is overwhelmed by negative environmental factors or when the environment fails to provide for or meet the individual's needs.
Gant v. Arizona limited the ability to search incident to an arrest, how?
Applies to a vehicle only. When the arrestee is unsecured and within reaching distance of the passenger compartment if there could be evidence in the vehicle of the crime for which the person was arrested.
US. Supreme Court
Appointed by president and confirmed by the US senate Justices serve for life, has "little original jurisdiction" Located in Washington, D.C
National Advisory Commission on Criminal Justice Standards and Goals
Appointed in 1971 and supported by $1.75 million LEAA grants to formulate for the first time national criminal justice standards and goals for crime reduction and prevention at the state and local levels of law enforcement.
A police officer has made a custodial arrest of a person for traffic offense. The officer may search the:
Arrestee's clothing, wallet and anything in the arrestee's pockets.
What is the most accurate method of selecting and promoting personnel?
Assessment center - uses multiple tests or measures to assess a wide range of candidates' knowledge, skills, and aptitude.
Use of force
Authority- body language, tone of voice Body positioning- pushing, restraining Restraints- cuffing Less than lethal weapons- baton, pepper spray, stun gun Deadly force- firing
Use of force:
Authority- body language, tone of voice Body positioning- pushing, restraining Restraints- cuffing Less than lethal weapons- baton, pepper spray, stun gun Deadly force- firing
Types of use of force
Authority- body language, tone of voice. Body positioning- pushing, restraining. Restraints- cuffing. Less than lethal weapons- baton, pepper spray, stun gun. Deadly force- firing.
Under the computer trespasser exception, victims of computer attacks may what?
Authorize LE to intercept wire or electronic communications of a computer trespasser.
What is the standard of proof needed to convict a person of a crime?
Beyond a reasonable doubt
biosocial theory
Biosocial Theory is a theory in behavioral and social science that describes personality disorders and mental illnesses and disabilities as biologically-determined personality traits reacting to environmental stimuli
Which American city created the first formal U.S. police department?
Boston.
Atkins v. Virginia
Capital Punishment of mentally retarded is unconstitutional
Miranda v. Arizona
Case that created the Miranda rights. The Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
Cesare Beccaria
Cesare Bonesana-Beccaria was an Italian criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment
Italian school of criminology
Cesare Lombroso was founder of the Italian School of Positivist Criminology and is considered the father of criminology. Cesare Lombroso was an Italian physician who changed the approach to crime from a legalistic to a scientific one.
1970's present
Changes in philosophy and technology; greater focus on prevention
What are features of police work that contribute to family problems?
Changing work schedules, emotional exhaustion, negative public image, over-protection of the spouse and family, hardening of emotions, sexual problems, identity problems, and problems with children. Marital discord, child-rearing problems, sexual promiscuity, loss of non-police friends, and divorce.
O.W. Wilson
Chief of police in Chicago in 1960-7 and worked to create police professionalism as seen in his book Police Administration in the criminal justice field. He worked to cut corruption by creating a non-partisan police board, created a merit system for promotions within the department and higher salaries to attract professionally qualified officers.
Private Security
Companies primarily engaged in providing guard and patrol services, such as bodyguard, guard dog, parking security, and security guards of buildings.
Computerized mathematical models of a suspect's face constructed from minimal information are called:
Computerized imaging systems/genetic algorithms.
Reorganization Act of 1801
Congress approved a sweeping reorganization of the nation's court system and significantly expanded federal jurisdiction Eliminated the Supreme Courts justices circuit court duties Created 16 judgeships for the 6 judicial circuits
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
2 types of sentences
Consecutive sentences- two or more sentences imposed at the same time, which are served in sequence with the other sentences Concurrent sentences- two or more sentences imposed at the same time for more than one offense and to be served at the same time.
Trial Courts
Courts in which most cases usually begin and in which questions of fact are examined.
Limited jurisdiction courts
Courts limited in the subject matter of the cases to be heard before them. (Probate, District, Small Claims, Traffic Court, Drug Court). Decisions may be appealable to a circuit court.
Restructuring of Homeland Security
Created in 2003, comprised of 22 Federal government departments and agencies into one unified cabinet. It was created in response to the 9/11 attacks.
Judiciary Act of 1891
Created the US court of appeals to relieve caseload burden in the Supreme Court and to handle a dramatic increase in federal filings 9 courts of appeals, one for each judicial circuit were est.
Crimes of Commission
Crimes that involve an act that the law prohibits, such as murder, rape and shoplifting.
Rational Choice Theory
Criminal Theory: states that if the punishment is swift and proportionate to the crime, it will be a deterrent for crime. The risks will outweigh the possible benefits to the offender
Gregg v. Georgia
Death penalty is not cruel and unusual punishment Overturned Furman v. Georgia
Brown v. Mississippi
Decided by the Supreme Court in 1954 that state laws establishing separate public schools for black and white students to be unconstitutional.
The Tennessee v. Garner case did what? And which amendment did it involve?
Decided that common law fleeing felon violated the 4th Amendment.
Irresistable Impulse Rule
Defendant knew what he or she was doing was wrong; however he or she couldn't help himself or herself
Excuse defenses
Defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did.
Since September 11, 2001, which agency is considered the main federal investigative agency for terrorism?
Department of Homeland Security
The statement "aggressive policing increases community perception that police arrest many criminals and therefore most violators get caught" is an example of what?
Deterrent effect
containment theory
Developed by Walter Reckless in the 1960s, containment theory suggests that individuals are pushed and pulled into crime. Pushes are elements that pressure individuals to engage in delinquency while pulls draw individuals. away from accepted forms of behavior.
One of the many rules in criminal law states that when the same act or transaction constitutes a violation of two distinct statutory offenses if each violation requires proof of an additional fact, which the other does not, two separate offenses are chargeable. The rule pertains to which of the following?
Double jeopardy
Drift and neutralization
Dr. Matza felt rational choice was being left out and developed the Neutralization and Drift Theory to help explain why delinquents drift in and out of delinquency.... According to Sykes and Matza, most delinquents have the same values, beliefs and attitudes as those of law-abiding citizens. By David Matza
What is the main reason a police officer job, applicants are rejected?
Drug Use.
Durham Rule
Durham case: court ruled that a defendant is entitled to acquittal if the crime was the product of his mental illness
Policing in England
Early: Medieval times up to 1800s Modern: Scotland Yard and "bobbies"
Partisan Elections
Elections in which candidates are affiliated with and receive support from political parties
Nonpartisan Elections
Elections in which candidates are presented on the ballot without any party affiliation
Defined as the ability to monitor one's own and other's feelings and emotions, to discriminate among them and to use this information to guide one's thinking and actions is the concept of?
Emotional intelligence
Non-consensual appeals
Entail major questions of law and policy. Considerable professional disagreement among the courts and within the legal profession. Probability of reversal is highest.
Miranda vs. Arizona Who was the defendant? Location? What amendment rights were violated? Why was Ernesto found guilty? When was Ernesto arrested? What was created after Miranda was interrogated without being notified of his 5th amendment rights?
Ernesto Miranda Phoenix, Arizona Fifth rape and murder March 13th, 1963 Miranda rights
Relevant Evidence
Evidence tending to make a fact in question more or less probable than it would be without the evidence
Direct Evidence
Evidence that establishes the existence of a fact that is in question without relying on inference
Circumstantial evidence
Evidence that requires a judge or a jury to make inferences and draw conclusions
Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
An example of a Part II offense would be manslaughter. True or False?
FALSE (would fall under Part I)
An example of a Part I offense would kidnapping of a child. True or False?
FALSE (would fall under Part II)
The single most important case in juvenile justice is Tennessee v. Garner. True or False?
FALSE!
Penal codes with determinate sentences set a minimum and maximum amount of time that a person must spend in prison. True or False?
FALSE! Only indeterminate sentences
Probation is the least common form of punishment in the United States. True or False?
False! It is the most common form of punishment
The sheriff is ultimately responsible for the operation of a prison. True or False?
False! The warden is responsible
A prison is a facility, usually operated by county government, used to hold persons awaiting trial or those who have been found guilty of misdemeanors. True or False?
False! They are kept in jail.
Municipal law enforcement police the rural areas in a state
False! They serve mostly in court houses. Rural areas are serviced by the sheriffs.
The federal court system has jurisdiction over what kind of cases:
Federal law, disputes between states, claims against the US, Constitutional issues, Treaties with other countries, Cases of the addmiralty and maritime jurisdiction, Disputes between citizens of diff. states
The federal court system has jurisdiction over what kind of cases:
Federal law, disputes between states, claims against the US, Constitutional issues, Treaties with other countries, Cases of the admiralty and maritime jurisdiction, Disputes between citizens of different states
What types of cases does the federal court have jurisdiction over?
Federal law. Disputes between states. Claims against the US. Constitutional issues. Treaties with other countries. Cases of the admiralty and maritime jurisdiction. Disputes between citizens of different states.
Ashurst-Sumners Act
Federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison-made goods.
Modern fresh pursuit doctrine allows an officer to pursue and arrest outside their jurisdiction, for what?
Felonies and MIsdemeanors
Evidence consists of
Fingerprints, blood or hair left at the crime scene, circumstantial evidence, direct evidence, and testimony.
middle-class measuring rod
For Cohen, Merton's use of the term culture implied a single dominant or monoculture.... These values create what Cohen described as the 'middle-class measuring rod' which is the source of strain felt by working-class boys. By Albert Cohen.
Discovery
Formal investigation prior to trial
Terrorism has been around since
French Revolution
Appeals generally fall into 3 categories
Frivolous appeals- generally disposed of quickly; no significant new issues; little substance Ritualistic appeals- negligible, primarily because of the demand of litigants Non consensual appeals- Entail major questions of law and policy; considerable professional disagreement among the courts and within the legal profession; Probability of reversal is highest
Appeals generally fall into 3 categories
Frivolous appeals- generally disposed of quickly; no significant new issues; little substance Ritualistic appeals- negligible, primarily because of the demand of litigants Non-consensual appeals- Entail major questions of law and policy; considerable professional disagreement among the courts and within the legal profession; Probability of reversal is highest
3 categories of appeal
Frivolous, ritualistic, and non-consensual.
The Court's acceptance of DNA testing was based on the ________ standard whereby a new technology must be sufficiently established to have gained general acceptance in the field of application.
Frye
Specific types of corruption
Gratuities- acceptance of small favors Playing favorites like not ticketing/ arresting friends/family Minor and major bribes-acceptance of minor or major sums of money Being above "inconvenient laws" like speeding, smoking, and driving drunk Role Malfeasance- destruction of evidence, offering biased testimony; protecting other corrupt officers Property crimes- burglary, theft Criminal enterprise- resale of confiscated drugs or stolen property Denial of civil rights- planting of evidence or lying in court Violent crimes committed by law enforcement officers- physical abuse/ torture of suspects
Three Strikes and you're out legislation
Habitual offenders=lengthy sentencing
A person has been "seized" when a reasonable person would have believed what?
He was not free to leave or was arrested.
Holistic justice
Holistic Law means many things to many people. As we use it, it is an approach or style of practice that focuses on the whole person and the whole of the problem as a way of finding more healthy and sustainable solutions to legal problems.
pretrial detention
If a defendant is charged with a very serious crime, bail can be denied and defendant stays in jail until the conclusion of the trial.
Exclusionary Rule exceptions (United States v. Leon 1984)
If there was an independent source for the evidence, the discovery was inevitable, or the police executed the search with good faith belief that they had a valid search warrant or that no warrant was required.
What is the history of the grand jury?
In America, the Massachusetts Bay Colony impaneled the first Grand Jury in 1635 to consider cases of murder, robbery and wife beating. As early as 1700, the value of the Grand Jury was recognized as opposing the Royalists
House of refuge
In New York, was the first U.S. reformatory opened to house juvenile delinquents. Defined in its charter as "youths convicted of criminal offenses or found in homelessness."
In collective bargaining an impasse is usually reached, when?
In contract negotiations, usually when one side is demanding more than the other will offer.
differential association theory
In criminology, differential association is a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior. The differential association theory is the most talked about of the learning theories of deviance.
In re Gault
In re Gault, 387 U.S. 1, was a landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults
In re Winship
In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged."
Title III doesn't apply to the use of electronic devices emitting signals. Why?
Incapable of transmitting speech, doesn't intercept any communications.
Private protective services
Independent or proprietary commercial organizations that provide protective services to employers on a contractual basis. Private security personnel work for corporate employers and secure private interests
Purposeful Mens Rea
Intentionally firing a gun, hitting and killing
Steps in the Criminal Justice process (9)
Investigate and arrest Booking First appearance Preliminary hearing Information and indictment Arraignment Trial Sentencing Corrections
9 Steps in the criminal Justice process
Investigate and arrest Booking First appearance Preliminary hearing Information and indictment Arraignment Trial Sentencing Corrections
What are problems that commonly result from a lack of sleep?
Irritability with coworkers, family, or friends, inability to remain alert to respond to the demands of work, memory impairment, lack of concentration, lower frustration tolerance, accidents on the job or in the home, stress related illness caused, in part, by a compromised immune system, inattention, obesity, changes in metabolic functions, and alteration of hormonal functions in ways that mimic aging
Subpoena vs. Subpoena duces tecum
Is a lawfully issued mandate that compels the social worker to appear in court as a witness or to release specific documents to the the court. It is used by prosecuting and defense attorneys to gather information that has a bearing on the client's case. It is often intimidating to the social worker, but can be made less so if the social worker has proper knowledge about the most appropriate action to take. vs. a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time.
Jury nullification
Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.
Medical v. Punishment/Justice Model
Just deserts refers to retribution, punishment that is deserved for the seriousness of the crime. The medical model refers to rehabilitation, treatment based on the attributes of the offender.
What was the first Supreme Court decision that extended due process rights to children?
Kent v U S
Knowing Mens Rea
Knowing (knowing behavior):Action undertaken with awareness that the outcome is practically certain didn't hope she'd die but knew with substantial certainty that she would. Example: She needed to be taught a lesson for roaming carelessly in the street. If it cost her life, then so be it
Causes of police fatigue include what?
Lack of standardized schedule and shift length.
Constitutional Law
Law based on the U.S. Constitution and the constitutions of the various states.
Substantive Criminal Law
Law that defines the rights and duties of individuals with respect to one another
Wedding Cake Model
Layer 1: celebrated cases Layer 2: serious felonies Layer 3: lesser felonies Layer 4: misdemeanors
According to differential association theory, criminal behavior is
Learned
Social process theories include
Learning theory Control theory Labeling theory (Potential for criminal behavior exists in everyone and will be realized depending on an individual's interaction with various institutions and processes of society.)
Sentencing Guidelines
Legislatively determined guidelines that judges are required to follow
Historically police employee unions have been found what level?
Local.
Bow Street Runners-
London's first professional police force. Originally made up of six men was founded in 1749 by magistrate Henry Fielding.
Verbal report presentence investigation
Made by investigating officer to the court.
Surveys of male officers show that ________ of officers tend to view policing as a masculine profession and do not think women can handle the physical requirements of the job.
Many.
Mapp v. Ohio (1961)
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts
Marbury v. Madison
Marbury v. Madison, 5 U.S. 137, is a landmark case by the United States Supreme Court which forms the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Whose writings serve the basis for all conflict theory?
Marx
When conducting an administrative search and you see evidence of criminal activity, what can you do?
May be seized under plain view doctrine.
An officer arrests the driver of a vehicle, handcuffs the driver, and places him/her in the backseat of the police car. The arrest is for a crime in which no evidence of the alleged offense could be located in the driver's vehicle. The officer:
May not search the car; the Gant decision prevents the search of the car.
McKeiver v. Pennsylvania
McKeiver v. Pennsylvania, 403 U.S. 528 (1971), was a decision of the United States Supreme Court. The Court held that juveniles in juvenile criminal proceedings were not entitled to a jury trial by the Sixth or Fourteenth Amendments.
Impasse resolution procedures include what?
Mediation, fact-finding, and arbitration.
Use of random drug testing in schools:
Must be random, suspicionless.
How does special needs doctrine apply to drug testing of government employees?
Must be substantial - important enough to override the individual's acknowledged privacy interest, sufficiently vital to suppress the 4th amendment's normal requirement of individual suspicion.
In the 1980's, the Department of Justice began seeking ways to improve its data system. The result was__________
National Incident-based Reporting System (NIBRS)
Ritualistic Appeals
Negligible. Primarily because of the demand of litigants.
Does the FISA act require PC to get a warrant?
No
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Fourteenth Amendment
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US, nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the law ...
Which term is Latin for "I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government?
Nolo contendere
Phishing is
Not a form of cyberstalking.
What is meant by putting material under seal?
Not accessible to anyone without a special court order
Oklahoma City Bombing
On April 19, 1995 a truck bomb explosion outside the Alfred P. Murrah Federal building left 168 people dead and hundreds more injured. Timothy McVeigh, who was executed for his crime in 2001, set off the blast. Until September 11, 2001 it was the worst terrorist attack to take place on U.S. soil.
What are some sources of stress for police officers?
Organizational and administrative practices, the criminal justice system, the public, and stressers intrinsic to police work.
The FBI Uniform Crime Reports (murder, rape, robbery, burglary, aggravated assault, arson and auto theft) are prominently reported as
Part I offenses
RICO
Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
Regardless of the size of the policing organization, this person has general administrative control and sets policy for all of the department's operating branches.
Police Cheif
1960's issues
Police and people: civil rights, counter culture
Political Era (1840-1930)
Police were to provide a wide range of social service to the community. The police were decentralized and mainly conducted patrols by foot and bicycle. Police was very corrupt and many officers used brutality. This created a rise in organized crime.
19th Century Policing
Political influence, inefficient, similar to today
What is eustress?
Positive stress; a stressful even that does not threaten or harm the individual but is pleasurable, challenging, or exciting.
The US Patriot Act was signed into legislation by ______________ in 2001
President Bush
Title III applies to what?
Private searches and seizures of wire, oral, or electronic communications.
In making an arrest, police officers generally consider
Probable cause, Suspicion of criminal activity, nature of the act, policy of dept, etc
Front door programs
Probation
20th Century Policing
Professional, modern tech., and changes in dealing with minorities
What treatment program is successful in reducing juvenile recidivism?
Programs like D.A.R.E.
Fifth Amendment
Prohibition against double jeopardy Privilege against forced self-incrimination
Fourth Amendment
Prohibition against unreasonable searches and seizures
What is the role of the prosecutor?
Prosecutors are lawyers whose job it is to represent the People against a person or persons charged with violating the criminal laws of the United States, or those of a given state. In Illinois, prosecutors in Circuit Courts, like DeKalb, are called "States Attorneys."
Amendment V
Protects against self-incrimination four factors: Compulsion- if a person is forced to or intimidated into answering questions Noncriminal application- fifth amendment protects only in criminal situations (trails, grand jury, future legal actions). If a compelled statement is not later used in a criminal proceeding, the defendant cannot litigate for violations of rights Witness- protection only apply to those things a person may communicate-testimony. witness against self-protects only the person who makes the incriminating comments- not used to protect privacy or another who has committed a crime.
A police officer who detains a person must have ______ supported by articulable facts that criminal activity may be afoot.
Reasonable suspicion
Trap-and-trace
Records incoming addressing information.
What is the reformatory movement?
Reformatory, correctional institution for the treatment, training, and social rehabilitation of young offenders.... As the term suggests, these institutions were intended to reform juvenile offenders rather than to punish or exact retribution on them.
retreatist
Rejects both the goals provided by society and the means to obtain the goals, Results in dropouts, drug addict.
Rebel
Rejects the goals and means as est. by society and substitutes with their own goals and means.
Ritualist
Rejects the societal goals while still adhering to the approved means that are available. Does not typically violate the law, but has given up on success as defined by society and just does the best he or she can with what they have.
Plain touch exception and the case:
Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that officers could seize non-threatening contraband, such as drugs, if its identity as contraband is immediately apparent to the sense of touch.
What is the quota system used for?
Remedy when discrimination occurred.
Judiciary Act of 1789
Represented a compromise that est. a 3-part system of federal courts: Supreme Court- Article 3 of the US Contitution District courts- Admiralty cases, minor criminal cases, civil suits Circuit courts- most federal crimes, disputes between citizens of diff, states, suits involving the gov., and some appeals from the district courts
Richard Quinney's Theory
Richard Quinney, (born May 16, 1934, Elkhorn, Wisconsin, U.S.), American philosopher and criminologist known for his critical philosophical approach to criminal justice research. Quinney followed a Marxist approach in citing social inequities as the root of crime.
Rebellion adaptation
Robert Merton stated that deviance is determined by motivation to achieve culturally defined goals and perception of accessibility of the means to achieve them. He identified five modes of adaptation: conformity, innovation, ritualism, retreatism, and rebellion
Administrative search
Routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations. Fire, health, safety, and housing code.
Procedural Criminal Law
Rules that define the manner in which the rights and duties of individuals maybe enforced. The part of the law that specifies the methods to be used in enforcing substantive law
Base v. Rees
SCOTUS affirmed the lethal injection protocol as constitutional
Prediction scales
Scales that try to predict the likelihood of an individual committing a crime or being a success or failure on probation or parole.
SARA
Scanning, Analysis, Response, Assessment problem solving model used by community policing agencies.
Computer forensics
Scientifically derived and proven methods - digital evidence derived from digital sources.
secondary deviance
Secondary deviance is a stage in a theory of deviant identity formation.... The act is likely to be labelled as deviant and criminal, which can have the effect of an individual internalizing that label and acting out accordingly. Lemert made another distinction between primary deviance and secondary deviance. By Edwin Lemert
specific deterrence
Seeks to prevent a particular offender from engaging in repeat criminality.
General deterrence
Seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
Sentencing guidelines
Sentencing formula combines offense conduct and criminal history.
Dissenting Opinions
Separate opinions in which judges disagree with the conclusion reached by the majority of the court.
Concurring Opinions
Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
Policing in Colonial America
Similar to England Modern: crime prevention, control, and preventative policing
Exigent Circumstances
Situations that require extralegal or exceptional actions by the police
Sociological School
Social groups, social institutions, the arrangements of society, and social roles all provide the proper focus for study.
Random searches of would-be passengers on airlines. Ok?
Special needs: 1) Must not be more extensive or intensive than necessary 2) Confined in good faith to the purpose 3) Passengers may avoid the search by electing not to fly
Gideon v. Wainwright (1963)
State courts are required (under the 14th amendment) to provide an attorney to the defendant who are unable to pay for their own The 1963 case of ______________________ the Supreme Court held unanimously that "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him".
Title III
Superseded statutory prohibitions against intercepted communications and provided authorization for electronic surveillance pursue authorization to warrant.
Mapp v. Ohio
Supreme Court case decided in 1961 that decided that evidence obtained in violation of the Fourth Amendment may not be used in state and federal law criminal prosecution.
Chimel v. California
Supreme Court case decided in 1969 held that police officers arresting a person at home could not search the entire home without a search warrant, but police may search the area within the immediate reach of the person.
U.S. v. Leon
Supreme Court case decided in 1984 about drugs and created the "good faith" exception to the exclusionary rule.
Tennessee v. Garner
Supreme Court case decided in 1985 is a civil case that held under the Fourth Amendment that when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape, unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or to others.
Terry v. Ohio (1968)
Supreme Court case which held that the Fourth Amendment prohibition on unreasonable search and seizure is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous.
What is civil service?
System whereby employees are hired, retained, advanced, disciplined, and discharged on the basis of merit.
techniques of neutralization
Techniques of neutralization are a theoretical series of methods by which those who commit illegitimate acts temporarily neutralize certain values within themselves which would normally prohibit them from carrying out such acts, such as morality, obligation to abide by the law, and so on
What case set the foundation for stop and frisk?
Terry v. Ohio
Terry v. Ohio
Terry vs. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. Police can stop and frisk for weapons only Reasonable suspicion of crime or future crime. Allows police to search a person for weapons or other weapons before questioning
Breed v. Jones
The Breed v. Jones case was a landmark Supreme Court decision about the application of the Double Jeopardy clause in juvenile court proceedings. This lesson discusses the facts of the case, as well as the Supreme Court's analysis and conclusions
When can you conduct a warrantless search?
The Fourth Amendment Reasonableness Requirement. Not every search, seizure, or arrest must be made pursuant to a lawfully executed warrant. The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment so long as it is reasonable under the circumstances
Wickersham Commission
The National Commission on Law Observance and Enforcement was a committee created by President Herbert Hoover in 1929. An 11 member group which surveyed the U.S. criminal justice system under Prohibition and created new police procedures.
What is the major purpose of sentencing guidelines?
The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public.
What is collective bargaining?
The act of an organization in bargaining for or acting as a negotiating agent on behalf of a group or collective of employees
Attempt
The act of taking substantial Steps toward committing a crime while having the ability and the intent to commit the crime. even if the crime never takes place
What are the similarities between the Pennsylvania and Auburn philosophies of prison discipline?
The argument over which system was better usually referred between the two main systems- Auburn and Pennsylvania. The Auburn system was criticized for its being too harsh on punishment and lack of having rehabilitative potential. The Pennsylvania system was criticized for its being too costly due to their focus on solitary confinement. The Pennsylvania system was also criticized for its damage to inmates physical and mental heath, also due too solitary confinement. Overall though the Auburn system was more well-liked than the Pennsylvania system because it was discovered that the Pennsylvania system was cruel, impractical, too expensive due to workshop method and solitary confinement, and dangerous on inmates' mental and physical health. An easy way to remember the difference between the main features of the two is by referring to Auburn as the "silent system" and Eastern Pennsylvania as the "separate system"
Phrenology
The belief that the characteristics of personality can be seen in the brain and are mirrored in bumps in the skull
Civil Law
The branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters.
Widen the Net
The criticism that intermediate sanctions designed to divert offenders from prison actually increase the number of citizens who are under the control and surveillance of the American corrections system.
U.S. Immigration and Customs Enforcement (ICE)
The federal agency that enforces the nation's immigration and customs laws
Trial courts in the federal system:
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
Grand Jury
The group of citizens called to decide whether probable cause exists.
Learning Theory
The hypothesis that delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity
Labeling Theory
The hypothesis that society creates crime and criminals by labeling certain behavior and certain people as deviant.
Self-Defense
The legally recognized privilege to protect one's self or property from injury by another.
Docket
The list of cases entered on a court's calendar and thus scheduled to be heard by the court.
For an officer to make a warrantless arrest for a misdemeanor, what must happen?
The offense must have been committed in the officer's presence.
What is the advantage of arresting with a warrant than arresting without one?
The officer is not civilly liable for false arrests if the arrest was found unjustified.
A police officer has arrested a woman in her car for driving while intoxicated. Incident to the arrest:
The officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee
For an officer to make a warrantless arrest for a felony, what must happen?
The officer must have probable cause the offense was committed.
Confrontational Clause
The part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial.
Plea Bargain
The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval
Intake
The process during which an official of the court decides whether to file a petition, release the juvenile, or place the juvenile under some other form of supervision.
Adjudicatory hearing
The process through which a juvenile court determines whether there is sufficient evidence to support the initial petition.
Case Attrition
The process through which prosecutors effect an overall reduction in the number of persons prosecuted.
What is meant by burnout?
The progressive loss of idealism, energy, purpose, and concerns that results from the conditions of work; a debilitating psychological condition brought about by unrelieved work stress. Mental and physical exhaustion.
Eighth Amendment
The prohibition against cruel and unusual punishment
Release on Recognizance Bond (ROR)
The release of a defendant into their own care or care of another without posting bond. A judge's order that releases an accused from jail with the understanding that he or she will return for further proceedings of his or her own will.
Preventive Detention
The retention of an accused person in custody due to fears that she or he will commit a crime if released before trial
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Sixth Amendment
The right to a jury trail, a public trial, a speedy trail, to confront witnesses, to compulsory process to obtain witnesses, to assistance of an attorney in all felony cases, to assistance of an attorney in misdemeanor cases
Ethics
The rules or standards of behavior governing a profession; aimed at ensuring the fairness and rightness of actions
For a search incident to an arrest to be valid, the search must be contemporaneous to the arrest. What does that mean?
The search is at the same time probable cause to arrest develops or is conducted shortly thereafter.
Schall v. Martin
The section authorized pretrial detention of accused juvenile delinquents if it was found that there was a "serious risk" that the juvenile may commit a subsequent crime. The United States District Court struck down the statute, and the Second Circuit affirmed.
Concurrent Jurisdiction
The situation that occurs when two or more courts have the authority to preside over the same criminal case.
Preponderance of the evidence
The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
A police officer informs a citizen that the officer has enough evidence to arrest. the officer asks the suspect to "turn around so i can handcuff you - you are under arrest" at this point, the suspect runs from the officer. at the point that the suspect fled.
The suspect was not formally under arrest
Graduated Sanctions
The theory that a delinquent or status offender should receive a punishment that matches the severity of the wrongdoing.
Relative Deprivation
The theory that inmate aggression occurs when freedoms and services that the inmate has come to accept as normal are decreased or eliminated.
Police Subculture
The values and perceptions that are shared by law enforcement agents
What is the year and a day rule for homicide under common law?
The year and a day rule has been a common length of time for establishing differences in legal status. The phrase "year and a day rule" is associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more than a year and a day before the death.
Integrated theory
Theoretical integration is the process of joining ideas from two or more criminological theories into a single theoretical statement, often to provide a more complete and accurate explanation of crime or delinquent behavior. This was founded by Wilson and Herrnstein.
6 Focal concerns
Theory that puts emphasis on specific values. Contributes to the involvement in delinquency by members of the lower class. 1. Trouble 2. Toughness 3. Smartness 4. Excitement 5. Fate 6. Autonomy
What are the various standards of proof and when are they used?
There are different standards of proof in different circumstances. The three primary standards of proof are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence. This is the lowest standard of proof. It is used primarily in civil proceedings.
Kansas City Preventative Patrol Experiment 1970's
There was no difference in citizen notice, the level of burglaries/auto thefts/larcenies/robberies/vandalism, fear of crime or citizen satisfaction when the frequency of patrols was changed
Based on research like the Kansas City study, what is prevailing wisdom on preventative patrols?
There's no clear deterrent effects of preventative patrol effort
What happened in the Boston police strike?
Took place in 1919 and involved over 1,100 police officers; several lives were lost as a result of rioting, and immense property damage was estimated at over $1 million; the immediate cause of the strike was the refusal of Police Commissioner E.V. Curtis to recognize the union.
Concurrent sentence
Two or more sentences imposed at the same time for more than one offense and to be served at the same time.
Consecutive sentence
Two or more sentences imposed at the same time, which are served in sequence with the other sentences.
State-Level Agencies- Centralized v. Decentralized Models
U.S. is ________________ or fragmented because there are a variety of different agencies under different umbrellas. This is in opposition to countries like the United Kingdom that have a central police force because one person controls it.
The Department of Homeland Security includes the
US Customs and Border Protection US Immigration and Customs Enforcement US Secret Service
Which LE agency is responsible for fugitive investigations?
US Marshals Service
Secret Service
Under the umbrella of Homeland Security, they protect the POTUS, VPOTUS, visiting foreign officials, and investigate financial crimes.
United States v. Ross
United States v. Ross, 456 U.S. 798, was a search and seizure case argued before the Supreme Court of the United States
Duress
Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.
victims and victim precipitation theory
Victim precipitation is a criminology theory that analyzes how a victim's interaction with an offender may contribute to the crime being committed. The theory is most commonly associated with crimes like homicide, rape, assault, and robbery.
The essential ingredient for a valid consent to search is what?
Voluntary
What separates a probation officer administrative search from a criminal search?
Warrant isn't necessary
Privacy and property rights of students on school grounds:
Warrant isn't necessary. May only search a student under their authority. PC not needed, suspicion is good enough.
Roving wiretap
Warrant that authorizes the wiretapping of particular suspect's communications where they are made. On either landline or cell phones don't violate the particularity requirement of the 4th amendment.
Weeks vs. U.S
Week's suspected of using mail to sell lottery tickets, a federal crime. Agents had no warrant
Fruit of the Poisonous Tree Rule
When an unconstitutional search produces evidence that leads to other (key to locker) evidence, it will be excluded under this doctrine along with initial search
Jurisdiction/venue
Where offense occurred and trial is held
Amendment VII
Where the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the US
The first question to ask in Fourth Amendment violation cases:
Whether the government action was a search or seizure
Bribery, Embezzlement, insurance fraud and tax evasion are considered types of ______ crime.
White Collar
Three body-type theory
William Sheldon used his observations to classify body types into three categories: ectomorph, endomorph and mesomorph.
Which of the following cases established the concept of "the fruit of the poisonous tree"?
Wong Sun v. United States
writ of certiorari
Writ issued from an appellate court for the purpose of obtaining the record from a lower court in a particular case
XYY Theory
XYY Chromosomal Abnormality Defense. A legal theory that holds that a defendant's XYY chromosomal abnormality is a condition that should relieve him or her of legal responsibility for his or her criminal act
T/F There are time limitations of forensic examinations of ESI's?
Yes. 30, 60, or 90 days from physical search.
Criminal negligence - mens rea
a Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; assumes person should have known better.
Due Process Model
a criminal justice perspective that emphasizes individual rights at all stages of justice system processing
Social ecology
a criminological approach that focuses on the misbehavior of lower-class youths and sees delinquency primarily as the result of social disorganization
Law Enforcement Assistance Administration (LEAA)
a deferral agency within the U.S. Department of Justice. It administered federal funding to state and local law enforcement agencies and funded educational programs, research, state planning agencies, and local crime initiatives that increased incarceration, enabling corporations to prison labor. It was abolished in 1982.
Mandatory sentencing
a determinate sentencing scheme that allows no leeway in the nature of the sentence required, and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes 3 strike law
Federalism
a form of government in which a written Constitution provides for a division of power between a central government and several Regional governments
Petition
a formal request
Absconders
a fugitive who runs away and hides to avoid arrest or prosecution.
Reasonable suspicion vs. probable cause
a general and reasonable suspicion is a general and reasonable belief that a crime is in progress or has occurred whereas a probable cause is a reasonable belief that a particular person has committed a specific crime.
Deterrence
a goal that seeks to inhibit criminal behavior through the fear of punishment; crime prevention (2 types: Specific and General) Specific- seeks to prevent a particular offender from engaging in repeat criminality- like points for speeding General- seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
Arraignment
a hearing before the court having jurisdiction in a criminal case where the identity of the defendant is established; defendant is informed of the charges against him or her; defendant is informed of his or her rights; and defendants is requested to enter a plea.
Probable cause hearing
a hearing to determine whether there is a direct link between a suspect and a crime
The sheriff is ultimately responsible for the operation of
a jail
Arrest warrants are issued by
a judge
A requirement for a search warrant
a judge issues the warrant to search a particular location or to seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.
Sequestered jury
a jury that is isolated from the public during the course of a trial and throughout the deliberation process
Kansas City Preventive Patrol Experiment
a landmark experiment carried out by the Kansas City Police Department between 1972-1973 found that traditional routine patrol in marked police cars does not appear to affect the level of crime. Nor does it affect the public's feeling of security. The experiment demonstrated that urban police departments can successfully test patrol deployment strategies, and that they can manipulate patrol resources without jeopardizing public safety.
Electronic Communications Privacy Act of 1986
a law passed by congress that est. due process requirements that law enforcement officers must meet in order to legally intercept wire communications *wiretaps and bugs, pen registers that record the numbers dialed from a phone, tracing devices that determine the number from which a call emanates"
Exclusionary Rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
What is the exlusionary rule?
a law that prohibits the use of illegally obtained evidence in a criminal trial. It falls under the 4th amendment.
Diminished expectation of privacy
a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution.
Presumptive sentencing
a model of criminal punishment that meets the following conditions: proper sentence is presumed to fall within a range of sentences authorized by sentencing guidelines, Sentencing judges are expected to follow the sentencing guidelines; if they deviate, they must provide a written justification, the sentencing guidelines provide for some review usually by an appellate court if the judge departs from the guidelines in sentencing an offender
Mexikanemi
a notorious prison gang, also know as the Texas Mexican Mafia, started in the Texas prison system in 1984.
Determinism
a philosophy contending that human behavior is caused by biological and psychological factors specific to individuals and/or the structural factors that comprise one's environment.
Quid pro quo
a phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favour for a favour"
according to ADA a disability can be what?
a physical or mental impairment that substantially limits one or more major life activities
nolo contendere
a plea of no contest and is used when the defendant does not wish to contest conviction.
The Kansas City Gun Experiment is an example of:
a police crackdown targeting a specific type of crime
Social debt
a principle that holds that the offenders criminal history should objectively be taken into account in sentencing decisions
Contract system
a prison industry system, widely employed until after the Civil War, in which officials sold the labor of prison inmates to private businesses, for use either inside or outside the prison
Behavioral conditioning
a psychological principle that holds that the frequency of any behavior can be increased or decreased through reward, punishment, and/or association with other stimuli.
Harmless error rule
a rule that states that there may be no groups for appeal, even when evidence is improperly introduced at trial.
Neoclassicism
a school of thought that assumes criminal behavior as situationally dynamic and individually-determined.
Emergency search
a search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, like clear dangers to life, clear dangers of escape, and clear dangers of the removal or destruction of evidence
A person is "picked up for questioning" by the police and taken to the police station interrogation room where they are given Miranda warnings and questioned. They were never told "you're under arrest" this is:
a seizure tantamount to arrest.
Probation
a sentence of imprisonment that is suspended and conditional freedom is granted to the defendant as long as the person meets certain conditions of behavior
Equity
a sentencing principle based on concerns with social equality that holds that similar crimes should be punished with the same degree of severity, regardless of the social personal characteristics of the offenders
Anomie
a socially pervasive condition of normlessness. Also, a disjunction between approved goals and means.
A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and a flashlight and the officer briefly detains the person to ask a few questions to determine what the individual is doing. This is:
a stop.
Mark system
a system that allowed prisoners to earn credits towards freedom by exhibiting positive behavior
Lease system
a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor
Furlough
a temporary leave of absence from prison
Pyramid Structure
a tiered structure with one leader at the top, then levels of middle management, which ends with the front line police officers.
Warrant
a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording the officer protection from damages if he or she performs it
Writ of certiorari
a writ issues from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case
writ of habeas corpus
a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.
Habeus Corpus
a writ that requires a person under arrest to be brought before a judge or into court prisoner can be released from unlawful detention (lacking sufficient cause or evidence) Latin meaning literally "that you have the body
Mala prohibita crimes
acts that are considered wrong only because there is a law against them like marijuana possession and underage drinking.
mala prohibita
acts that are prohibited because they are defined as crimes by law
What is prisonization?
adapting to the prison culture
Offenders are more likely to be denied probation if they are
addicted to narcotics
Legal function
advises the organization on legal and regulatory risks, defends the organization
Deferred sentencing
after a plea of guilty, defendant is placed under supervision, the successful completion of which can wipe out the conviction
Probably the most important factor to consider when making the decision to parole or release an offender from an institution is the offender's
age
Judiciary Act of 1925
aka the Certiorari Act, sought to reduce workload of the US Supreme Court. Appellants would file petitions for writs of certiorari with the Supreme Court 4 or the 9 justices would have to agree to hear a case for the writ of certiorari to be approved
Diversion
allows a person charged with an offense to avoid prosecution in exchange in for participating in a rehab program and making restitution. Usually only available for first offenders
Restorative Justice
allows the offender the opportunity to make amends to the victim through mediation instead of punishment.
Hawes-Cooper Act (1929)
an act that required prison-made goods conform to the regulations of states through which they were shipped
Status offense
an activity that is considered a crime only because the offender is a minor
Parole board
an administrative that reviews cases of inmates in order to determine eligibility for release on parole. Also has authority to return parolees to prison.
Positive School
an approach to criminal justice theory that stresses the application of scientific techniques to the study of crime and criminals. Behavior is determined; no free will.
Police-community relations (PCR)
an area of police activity that stresses the need for the community and the police to work together effectively, and emphasizes the notion that the police derive their legitimacy from the community they serve.
Reformatory era
an era characterized by the use of indeterminate sentences and believed in rehabilitation
Mass prison era
an era in which the Auburn system dominated, a system in which inmates ate, lived, and worked together in enforced silence
Strain theory has its roots in the concept of
anomie
Shire Reeve
another name for the office of the sheriff, it descends from the English tradition and is the oldest appointment of the crown.
To individual citizens, a serious crime is an offense such as
any offense that happens to them.
community corrections
any sanction in which offenders serve all or a portion of their sentence in the community
No level of suspicion is required to
approach a person on a public street and ask for identification
Mala en se crimes
are acts that are regarded as wrong in themselves like murder and rape.
Local Agencies- Police Chief
are appointed or elected officials entrusted with running the entire police department. They report directly to the mayor or governor, and work to analyze the department's response to area crime and implement improvements while overseeing the direction of law enforcement.
The willful and malicious burning of property is what crime?
arson
Which of the following is not one of the more prominent members of the courtroom work group?
bailiff
Constructive possession
banned items not on my person but in places I control
Treatment Era (1945-1967)
based on the medical model that viewed offenders as "sick" and could be "cured
Treatment era
based on the medical model that viewed offenders as "sick" and could be "cured"
Which theory stems from Cesare Lombroso's famous work?
biological trait theory
Which form of shock incarceration was modeled after military basic training emphasizing strict discipline, manual labor and physical training?
boot camp
Which is considered to be the most severe form of punishment on the punishment ladder?
boot camps
General patrol is
both random and preventative
The standard of proof required of evidence in civil law is
by a preponderance of evidence
An independent variable is assumed to be the
cause
To be effective in fighting terrorism, United States law enforcement has to:
change attitudes and priorities, change the culture within enforcement agencies, and learn to communicate.
Which of the following is NOT a Routine Investigative Action performed by an investigator as stated in the "Criminal Investigation Process"?
checking blood for a DNA match
What is one problem for female inmates?
children
aggravating circumstances
circumstances related to the commission of a crime that make it more grave than the average instance of that crime
Mitigating Circumstances
circumstances that convince fact finders that defendants don't deserve the maximum penalty for the crime they've committed.
biological vs classical schools: different focuses
classical: focus on crime, not criminal biological: focus on criminal, not crime
Community era
community policing developed. focus was on integrating the police with the community in which they worked officers encouraged to live within the communities in which they worked Service style policing- reflects the need of the community; frequently used in wealth neighborhoods
What are the two basic components of correctional treatment?
community-based corrections and secure confinement
Private prisons may be cheaper to run than public ones because of:
competitive bidding, less red tape, and lower labor costs
Types of sentences (2)
consecutive sentence & concurrent sentence
In general, law enforcement officers can use electronic monitoring only if
consent is given by one of the parties to be monitored or a warrant to use such devices is obtained.
Police cynicism
considers citizens to be weak and dangerous.
At which of the following stages does the correctional process formally begin?
conviction
Superior court
court responsible for hearing civil and criminal trials, divorce cases, felony cases, and land titles.
Drug court
court where judge, DA and defense attorney work together to help substance abusers obtain rehabilitation
NCVS (National Crime Victimization Survey)
created by the Bureau of Justice Statistics by surveying victims. It collects detailed information on the frequency and nature of the crimes of rape and other sexual assault, robbery, aggravated and simple assault, personal larceny, household burglary, and motor vehicle theft.
UCR Uniform Crime Reporting
created by the FBI using data sent in from local police departments. It collects information on murder and non negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, arson, and human trafficking.
Crimes of commission and Crimes of Omission
crimes that involve an act that the law prohibits (murder, rape and shoplifting) crimes that involve the failure to act when the law requires an individual to take action, such as child neglect or failure to file taxes
Inchoate offenders
crimes that satisfy the mens rea of purpose or specific intent and the actus reus of taking some steps toward accomplishing the criminal purpose- but not enough steps to complete the intended crime.
The levels of home monitoring include
curfew, home detention, and home incarceration
McNaughtan Rule
defendant suffers form a defect of reason caused by a disease of the mind, and, consequently, at the time of the act did'tn know what he or she was doing or that the act was wrong.
The minimum age that a juvenile can be tried as an adult is
depends on the state
Psychological manipulation
designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control.
Pride act
designed to reauthorize and improve the program of block grants to states, this Act temporarily assists families in need and improves access to child care.
Long form pre-sentence investigation
details written report on defendant's personal and criminal history
In a military tribunal, the accused
does NOT have a right to a jury trial
Major criticism of corrections
don't work based on recidivism figures
Police responsibilities include all of the following except:
drafting legislation
Terrorists have an advantage in the United States because of:
due process rights, free press for communication, and freedom of movement
Sheriff
elected officials who provide law enforcement to unincorporated and rural areas of the county.
Big House
emerged out of the Auburn system and the depression - Federal Bureau of Prisons
Community policing
emphasizes community support for and cooperation with the police in preventing crime, is more directly involved in keeping public order, and wants police to be more proactive.
James Q. Wilsons Styles of Policing: Law enforcement
enforces the laws by writing tickets and encouraging the victims to sign complaints
During the pretrial process, prosecutors hold a great deal of discretion in deciding
enough probable cause (linking defendant to crime), whether an individual arrested by the police will be charged with a crime, the level of the charges to be brought against the suspect, and if and when to stop prosecution
Community-based treatment era
era focused on resocialization in supervised community settings since community programs were believed to be more effective than incarceration
Minneapolis Domestic Violence Experiment
evaluated the effectiveness of police responses to domestic violence calls in Minneapolis, Minnesota. Lawrence W. Sherman implemented it during 1981-82. The study found that an arrest was the most effective response; those that were arrested had lower recidivism rates
Police officers can arrest a suspect
even without a warrant to do so
trace evidence
evidence such as a fingerprint, blood, or hair found in small amounts at a crime scene
Ex Post Facto Law
ex post facto law definition. A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of ex post facto law.
Reintegration means
facilitating employment and restoring family ties.
Due process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
Interlocutory appeal
filed when a judge's decision so impacts the case in progress that to wait to the end of the trial would significantly violate or damage the case
August Vollmer
first police chief of Berkeley, California and a leading figure in the development of the field of criminal justice in the 20th century. Also known as the "Father of modern Law Enforcement." The first police chief to create a motorized police force.
Hot spots
focus on small geographic areas or places, usually in urban settings, where crime is concentrated.
James Q. Wilsons Styles of Policing: Service
focuses primarily on service to the community and the citizens
How long can a US Supreme Court Justice remain on the bench?
for life
A jail is a facility, usually operated by county government, used to hold persons awaiting trial or those who have been
found guilty of misdemeanors.
London Metropolitan Police
founded by Sir Robert Peele in 1829, territorial police force responsible for law enforcement in greater London. Also known as "bobbies."
Types of prison release include
furlough, pardon, and parole
Federal laws concerning computer crime include:
gaining unauthorized access to a computer, and traffic in passwords that permit unauthorized access
Awarding prisoners days off of their sentences for maintaining appropriate behavior is a practice referred to as
good time/gain time
General jurisdiction courts
have broad subject matter jurisdiction and typically try felonies and have the power to sentence to state prison
In many jurisdictions, convicts do not have the right to
have custody of their children, obtain student loans, and serve on juries.
Neo-Classical School
holds offenders accountable for their crime while allowing for some consideration of mitigating and aggravating circumstances.
Utilitarianism
idea that the goal of society should be to bring about the greatest happiness for the greatest number of people
Search warrant exceptions
include exigent circumstances, search incident to lawful arrest (United States v. Robinson), given consent, plain view (Horton v. California), caretaker function, impounded vehicles inventory, and the motor vehicle exception.
A sentence of imprisonment in which the duration is not fixed by the court is the
indeterminate sentence
A formal charge returned by a grand jury is an/a
indictment
Katz v. U.S
involves an electronic listening and recording device attached to the outside of a public telephone booth, the Fourth Amendment protects people, not places.
Problem-Solving Policing
involves the identification and analysis of specific crime and disorder problems, in order to develop effective response strategies.
Reasonable suspicion
is a reasonable presumption that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer's training and experience. Reasonable suspicion is seen as more than a guess or hunch but less than probable cause.
Constable
is an official responsible for summonses and subpoenas for people to appear in court for criminal/civil court (may also have law enforcement capabilities depending on the area appointed)
A decision of the U.S. Supreme Court that is based on an interpretation of a provision of the U.S. Constitution
is binding on both state courts and lower federal courts.
Subcultural theory
is composed of a group of people who participate in a shared system of values and norms different from those of the larger culture
Official crime data
is generated at different levels of government (municipal, state, and federal) by a variety of criminal justice agencies (police, court, and corrections) and at different stages in the criminal justice process (arrest, prosecution, conviction, imprisonment, and parole).
Unofficial crime data
is produced independently of the records of official agencies of crime control. The sources of these statistics are the records of private security and investigative agencies and the data collected by social scientists through experiments and observations, as well as through surveys of victimization and of self-reported criminal involvement.
Historical Development of the Police English heritage- Sheriff
is responsible for law enforcement on the county level and is an elected position
True Bill
is the decision of a grand jury that sufficient evidence exists to indict an accused person
FBI
is the domestic intelligence and security service of the U.S. It is the principle investigative arm of the U.S. Department of Justice.
Presentence investigation; 3 types
is the examination of a convicted offender's background prior to sentencing Long form- details written report on defendant's personal and criminal history Short form- abbreviated written report summarizing the type of information most likely to be useful in the sentencing decision Verbal report- made by investigating officer to the court
nolle prosequi
is the same as an acquittal.
An Ex Post Facto Law
is unconstitutional and applies to the states through the 14th amendment.
Chicago Alternative Policing Strategy 1993 (CAPS)
it is a community-based policing program established to transform policing efforts into an efficient five-step process for law enforcement. The goal of CAPS is to solve neighborhood crime problems, rather than merely to react to their symptomatic consequences.
In some instances searches may be made of movable vehicles and objects without obtaining a search warrant. The rationale for this exception is
it is not practical to secure a search warrant because the object may be quickly moved out of the jurisdiction
Classicism
it is the idea that the individual is responsible for their actions, having made a rational choice to commit the crime.
Alcohol intoxication can be used as a defense when
it is voluntary
Which type of facility is responsible for receiving individuals pending arraignment and holding them while awaiting trial?
jail
In a jury trial, the outcome of the trial, after closing arguments, is in the hands of the
jury
Aftercare
juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in the community
An example of a Part II offense would be
kidnapping of a child (Part I= criminal homicide (manslaughter), forcible rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft & arson)
Lex Talionis
law of retaliation (eye for an eye)
Appellate jurisdiction
lawful authority of a court to review a decision made by a lower court
Inmate uprising at Attica Prison in 1971
led to a concerted attack on the corrections model and the indeterminate sentence.
Fruit of the poisoned tree doctrine
legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it is tainted as well.
Vicarious liability
liability imposed for someone else's acts by transferring the criminal conduct of one party to another because of the relationship
Strict liability
liability without fault or intention; do not require mens rea
Levels of Policing (3 levels)
local, state, and federal. There are 66 levels of law enforcement i.e. state police, highway patrol. Then there are municipal police agencies that protect the county and/or small towns.
The advantages of probation and parole
lower cost increased employment Restitution Community support Reduced risk of criminal sanctions Increased use of community services Increased opportunity for rehabilitation
If an officer wishes to use an interception device to intercept a communication without the consent of a party and without actually eavesdropping, he or she must
make sure he or she has probable cause before submitting an affidavit to the court to obtain a search warrant.
In Re Gault involved a boy
making a lewd phone call
Under common law concepts, some offenses were wrong in and of themselves. Which term correctly illustrates this?
mala in se
An example of a Part I offense would be
manslaughter (Part II= all crimes recorded by FBI that are not apt 1 Offenses)
Morrissey v. Brewer
marked the beginning of U.S. Supreme Court involvement with parole revocation hearings.
Which intermediate sanction requires convicted defendants to pay back crime victims?
monetary restitution
Basic function and role of the police
monitor criminal activity, take part in community patrols, respond to emergency calls, issue tickets, make arrests, investigate crimes, and testify in court. Many law enforcement agencies have the motto "To Protect and Serve."
According to routine activities approach, what factors interact or are necessary?
motivation, opportunity and targets
The most common crimes that result in supermax placement are
murder of a fellow inmate, assault to correctional officers, and an escape attempt
National Crime Victimization Survey (NCVS)
nations primary source of information on criminal victimization. Nationally randomized sample on frequency, characteristics, and consequences of criminal victimization in the US
Social disorganization theory links crime rates to what?
neighborhood ecological characteristics
Reform Era
occurred when citizens called for reform and the removal of politics from law enforcement law enforcement took pride in their professional approach to fighting crime Legalistic style policing- committed to enforcing the "letter of the law" by making numerous arrests for all types of criminal behavior; noncriminal behavior takes a hands-off or "laissez-faire" approach
James Q. Wilson's Styles of Policing: Watchman
order maintenance and law enforcement
Flat Police Structure
organization in which top management is directly in contact with front line officials, very little middle management.
The Mexican Mafia
originated at the California's Duel Correctional Institution in 1958 and have become one of the most powerful prison gangs in the country.
What doctrine holds that the state has not only a right, but a duty to care for children who are neglected, delinquent, or in some other way disadvantaged?
parens patriae
The conditional release, by an administrative act, of a convicted offender from a penal institution is usually referred to as
parole
A group of civilians that decides if an inmate should be granted early release is called what?
parole commission
Principle of utility
permits only the minimum amount of pain necessary to prevent the crime.
Stigmata
physical characteristics that identified a criminal
The unauthorized copying and use of intellectual material is called
piracy
Watchman
places an emphasis on informal means of resolving disputes, such as violations of the law or threats/actual arrests to solve disputes.
Halfway houses
places where inmates pay rent and work while undergoing counseling and job training.
Widening the net may involve
placing more people in intermediate sanctions for lesser crimes.
Plain view doctrine
plain view falls outside the Fourth Amendment searches and dos not fall under its protections
Searches incidental to an arrest are valid when
police need to find a weapon a suspect may be carrying AND there is a need to protect evidence on the suspect from being destroyed
The Chicago School showed a correlation between crime and
poor sanitation high rates of poverty/crime inadequate housing
Punitive era
prison was to be used for punishment while education, treatment, and work were luxuries.
Industrial Era
prisoners served as cheap labor while learning a trade
Judges will only provide law enforcement agents with a warrant to arrest a suspect if the agents provide the judge with ____________ that the suspect has committed the crime.
probable cause
Community based corrections
probation/parole supervision combined with assistance form various agencies withing the community that provide various treatment services.
Section 1983 of the Civil Rights Act of 1871
prohibits any person acting under the color of law from depriving another of his or her constitutional rights.
ATF (Bureau of Alcohol, Tobacco, and Firearms)
protects communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms and explosives. It also investigates acts of arson, terrorism, and the illegal diversion of alcohol and tobacco products.
Indeterminate Sanctions
provides sentencing options besides the traditional choices of prison and probation
Probation is a common form of
punishment in the United States.
Social conflict theory considers true crimes to be
racism
Social service function
ranks social states (alternative complete descriptions of the society) as less desirable, more desirable, or indifferent for every possible pair of social states
In a ________________, evidence is given to counteract or disprove evidence presented by the opposing party.
rebuttal
Prisonization
refers to a process in which an inmate is socialized into the prison environment
Comes Stabuli-
refers to the officer of state in western European countries and also of certain executive legal officials in Great Britain and the United States.
Disadvantages of parole and probation
relative lack of punishment increased risk to the community increased social costs
Disadvantages of parole and probation
relative lack of punishment increased risk to the community increased social costs
predisposition report
report that contains background information on the juvenile, a description of the circumstances surrounding the juvenile's delinquent acts, as well as a disposition recommendation from the probation officer
Strain theory
require that people be motivated to commit criminal and delinquent acts to achieve goals held by society
Probable cause
required to press charges on an individual, beyond reasonable suspicion, usually some evidence associated with it. It is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
U.S. Marshall
responsible fore apprehending fugitives, protecting the federal judiciary, transporting federal prisoners, and in charge of the witness protection program.
In addition to selecting prisoners for parole, the parole board also
revokes parole
Eight Amendment
right to bail / cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Criminal procedures
rule and laws intended to guard against discrimination in the application of justice for those accused of a crime
Suppose the police arrive at the scene of a car accident. The car is too damaged to drive and the police believe that the driver is intoxicated. They see no liquor in the passenger compartment. Under which of the following exceptions might police be able to make a warrantless search of the trunk?
search incident to an arrest
Anticipatory warrants
search warrants issued on the basis of probable cause to believe that evidence of a crime, while not presently at the place described, will likely be there when the warrant is executed.
For the sake of security, overwhelming majorities of United States citizens favor
searches at airport
Determinate sentencing
sentence depends on the criminal harm suffered by the victim, not the rehabilitation of the offender.
Concurrent sentences
sentences that run at the same time
The stage of the criminal justice process that usually follows a conviction or plea of guilty is known as
sentencing
U.s. v Booker
sentencing guidelines are advisory only but enjoy " a presumption of reasonableness."
Penal codes with indeterminate sentences
set a minimum and maximum amount of time that a person must spend in prison
U.S. Constitution
sets minimum national constitutional standards
Pre-trial release
setting a defendant free prior to trial
The law enforcement agency that typically is responsible for maintaining the county jail
sheriff
social learning theory
social behavior is learned primarily by observing and imitating the actions of others. It is also influenced by being rewarded/punished
Status offenders
someone charged with an offense that would not be a crime if committed by an adult
stare decisis
standing by decided matter
Another term for "pat down"
stop; Terry stop
The time-in-rank system used in police departments often discourages the:
talented people - limits administrative flexibility to promote
The opportunity reduction approach to crime prevention strategies includes one of the oldest and most widely used tactics ____________________. From castle moats to deadbolt locks, these measures are designed to remove access to or to increase the physical security of certain property.
target hardening
DEA (Drug Enforcement Agency)
tasked with combating drug smuggling and use within the United States.
Adversarial process
the 2 sided structure under which American criminal trial courts operate that pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one
Who appoints a Supreme Court Justice?
the President
The use of forfeiture in American law has been reintroduced with the passage of what law?
the Racketeer Influenced and Corrupt Organization act (RICO)
Retribution
the act of taking revenge on a criminal perpetrator. Also known as just desserts. Criminal offenders deserve the punishment they receive at the hands of the law, and that punishments should be appropriate to the type and severity of the crime committed.
What is mitigation?
the action of reducing the severity, seriousness, or painfulness of something
Rehabilitation
the attempt to reform a criminal offender; change the behavior of the offender, typically through treatment or programs.
Reason/ Cognition
the capacity to tell right form wrong.
Probation may be revoked because
the conditions of the sentence fulfilled probationer misbehaves testing positive for drug use, failure to report, misbehavior, and technical violations
Insanity is a legal defense in criminal cases. Once the issue of insanity has been raised by the defense, the burden of proving the defendant's sanity shifts to
the defense
corpus delicti
the facts that show that a crime has occurred. "the body of the crime"
Criminal omission
the failure to act when there is a legal duty.
Kent v. United States
the first major case reviewed by the Supreme Court which granted juveniles "the essentials of due process."
Inmate subculture
the forming of cliques among inmates to counter the authority of prison officials
Which of the following is most true about the "Terry" exception to the warrant requirement?
the frisk authorized is only for the protection of the officer and is limited to a patting down rather than a full-scale search.
Atavism
the idea that criminals are born and criminal behavior is predetermined
Hedonistic calculus
the idea that the main objective of an intelligent person is to achieve the most pleasure and the leas pain
Mens Rea
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
Perjury
the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.
American Correctional Association
the largest professional organization for corrections in the United States.
Original jurisdiction
the lawful authority of a court to hear or act upon a case from its beginning and to pass judgement on the law and the facts; may be over a specific geographic area or over particular types of cases
justice model
the model for sentencing proposed by Fogel that would use flat, determinate sentences, eliminate parole boards, and make all treatment voluntary
Hedonism
the natural law that human beings seek pleasure and avoid pain
Social Service model
the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively. A criminal justice model in which the majority of citizens in a society share the same values and beliefs.
Common law
the original source of law, in which judge's court opinions formed the law.
The decision of whether to parole an inmate lies with
the parole board
Procedural law
the part of the law that specifies the methods to be used in enforcing substantive law
Power of Judicial Review
the power of the court to review actions and decisions made by lower courts and other gov. agencies.
shock probation
the practice of sentencing offenders to prison, allowing them to apply for probationary release, and enacting such release in surprise fashion
Preventive parole
the primary operational strategy - provides quick response to calls, creates a visible presence with the intent of deterring crime, interrupt crimes in progress, enhance the publics sense of safety and security - Computer assisted dispatch
Concurrence
the principle of criminal liability that requires that a criminal intent has to trigger the criminal act.
Void-for-vagueness doctrine
the principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful.
Strategic Policing
the process of enhancing the effectiveness of conventional police service delivery, by using the latest information and analysis techniques to develop and target innovative, directed police response to community policing problems.
Voir dire
the process through which prospective jurors are questioned to determine if they are unbiased and can be impartial during the trial. "to see and speak the truth"
Parole
the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.
Manifest criminality
the requirement that mental attitudes have to turn into deeds for a "crime" to be committed.
The Crime control model of crime involves the ideas that
the right of society to be protected from crime and violent criminals. Relies on the informality in the Criminal Justice system.
Peremptory challenge
the right to challenge a potential juror without disclosing the reason for the challenge. - to eliminate from juries
Prior to the Supreme Court's ruling in Gideon v. Wainwright, indigent persons enjoyed all of the following rights to counsel except
the right to have counsel appointed to represent them at trial if they were unable to rep
According to your textbook, most judges consider two factors above all others:
the seriousness of the crime and mitigating circumstances
Factors in sentencing include
the seriousness of the crime, mitigating and aggravating circumstances, and judicial philosophies
Social process theorists focus their attention on what factors?
the socialization of the youth and their developmental factors
Where there is no probable cause for an arrest, but the officer reasonably believes in light of his experience and training that criminal activity may be in progress, a person may be stopped in accordance with Terry v. Ohio if
the sole justification for the search would be the protection of the officer and others nearby
Penology
the study of the punishment of crime and of prison management
Legal cause
the subjective judgement that it's fair and just to blame the defendant for the result.
Community Policing
the system of allocating police officers to particular areas so that they become familiar with the local inhabitants.
Criminal Justice System
the system of police, courts, and prisons set up to deal with people who are accused of having committed a crime
Scientific jury selection
the use of correlation techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction
symbolic interactionism
the view of social behavior that emphasizes linguistic or gestural communication and its subjective understanding, especially the role of language in the formation of the child as a social being.
Social contract
the voluntary agreement among individuals by which, according to any of various theories, as of Hobbes, Locke, or Rousseau, organized society is brought into being and invested with the right to secure mutual protection and welfare or to regulate the relations among its members.
Restoration
to make the victim whole again When an individual is victimized by a crime, either property or violent, they and their family experience trauma
Victim impact statement purpose
to provide the judge with the victim's feelings about a proposed sentence as well as the crime and provide a description of the harm caused by the crime.
Hairs, fibers, blood, fingerprints, broken glass and foot prints are all examples of
trace evidence
Rough justice municipal court system
treatment that is not scrupulously fair or in accordance with the law.
US Court of appeals
twelve courts of appeal- circuit courts Appointed by president , confirmed by the US senate Judges serve for life 167 appeals court judges Criminal cases on appeal are usually heard by a panel of 3 judges
The majority of the U.S. correctional population is what?
under probation supervision
ICE (U.S. Immigration and Customs Enforcement)
under the Department of Homeland Security responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security.
Incapactitation
use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. Intends o protect the members of society by removing those who choose not to adhere to the laws.
Long-form PSI
used in most felony case
Five Modes of Adaption
used to strain caused by restricted access tot he socially approved goals and means * Conformist-engages in law-abiding behavior * Innovator- accepts the societal goals while rejecting the approved means of obtaining the goals; results in commission of property crime and white-collar crime. Ex: stripper * Ritualist- Rejects the societal goals while still adhering to the approved means that are available. Does not typically violate the law, but has given up on success as defined by society and just does the best he or she can with what he or she has * Retreatist- Rejects both the goals provided by society and the means to obtain the goals; results in dropouts, drug addict * Rebel- rejects the goals and means as est. by society and substitutes with their own goals and means
Short-form PSI
usually used in misdemeanor or less serious felony cases
The age at which a person is ineligible for juvenile court adjudication
varies by state
Supremacy clause
vests final government authority in the U.S. Constitution.
Public order crime is often technically referred to as
victimless crimes
What is it called when a victim receives money from the state to pay for damages associated with a crime?
victims compensation
Gunther v. Iowa
was a 1979 Supreme court case in which the court determined that inmate privacy was not a valid reason to refuse to hire women as correctional officers.
Sir Robert Peel
was home secretary and created the Metropolitan Police and introduced criminal law and prison reform in London.
Henry Fielding
was the author of Tom Jones, was commissioned as justice of the peace for Westminster and Middlesex. He helped break up notorious criminal gangs. Created the Bow Street Runners.
Castle exception rule
when you're attacked at home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily harm.
Classical School
where the theory linking crime causation to punishment, based on offender's free will and Hedonism originated.
Positivism
which is the study of criminal behavior based upon external factors.
When the circumstances permit, the preferred method of making a search is
with a search warrant