cj test 2

which federal agency is not a police agency but an investigative agency with jurisdiction over all law enforcement matters in which the United States is or may be an intnterested party

FBI

When are suspicionless seizures of motorists permissible?

For purposes of detecting drunk driving

What is the essential meaning of the "fruit of the poisonous tree" doctrine?

If evidence is obtained illegally, any secondary evidence obtained as a result of the initial evidence is also considered to be obtained illegally and will not be admissible in court.

what are key issues in the determination of allowing someone to post bail

If the accused can be expected to appear at the next stage of the criminal proceeding To enable the accused to be free in the community in order to prepare a defense

When is a defendant charged with murder more likely to get the death penalty?

If they are convicted at trial

What are some of the reasons for the congestion within the court system?

Increasing populations Aggressive prosecuting of petty offenses and nuisance crimes Mandatory sentencing laws Civil litigation

When a Boston police chief was caught selling promotional exams to certain officers and lowering the scores of their rivals, what was this an example of?

Internal corruption

in 1893 what entity was formed

International Association of Cheifs of Police (IACP)

When is bail considered excessive?

When it exceeds an amount reasonably calculated to ensure that the accused will return for trial

Under what circumstance can a warrantless search of an automobile by the police, including a search of closed containers in the vehicle, be conducted?

When the officer has probable cause

the term used for the concept that a large number of police calls in metropolitan areas typically radiate from a relatively few locations is known as

hot spots

the first major technological breakthrough during the second half of the nineteenth century

implementation of the telegraph to policing

In order to begin a felony proceeding, there must either be a preliminary hearing or grand jury _______

indictment

what type of management style is problem oriented policing

it stresses a proactive approach

The weakest link in the criminal justice process is

jails

In general, when a warrant is served, officers must

knock and announce their presence

what can cause an investigation to be ineffective

lack of sufficient resources

Courts of limited jurisdiction are known by many names depending on the jurisdiction in which they are located. What are those names?

metropolitan courts district courts county courts municipal courts

Historically speaking, an early form of American law enforcement in which volunteers were organized into groups that patrolled their community from dusk to dawn to keep the peace was referred to as what

night watch system

Consider the following scenario: Officer Martinez arrives on scene at a domestic violence call. As he puts his patrol car in park, a woman comes running out of the house, screaming that her husband has gone insane. A man comes running after the woman, grabs her by the hair, and throws her onto the ground. Officer Martinez yells to identify himself and orders the man to stop. The man continues to assault the woman on the ground. Officer Martinez deploys his Taser and the man falls motionless to the ground. After being arrested, the man suffers a heart attack in jail and dies. Did Officer Martinez use deadly force in this situation?

no

What are the pleas that a defendant can enter for a criminal trial?

not guilty nolo contendere guilty

_______ ________ is defined as keeping order and civility within the officers assigned jurisdiction

order maintenance

what requirements must be satisfied before a warrant can be issued

particularity, probable cause, A neutral and detached magistrate

what rank is considered the lowest chain of command rank system

patrol officer

The most common form of lineup is

photographic

where do most recruit officers revive their preservice training

police academies

Consider the following scenario: Officer Kosinski sees a teenage Native American male walking along the side of the road. He pulls his patrol car over and asks the boy where he is going. The teenager pulls his headphones out of his ears and says "What?" Officer Kosinski gets out of his patrol car and tells the teenager he needs to put his hands on the hood, as he is going to frisk him for weapons. When the teenager asks Kosinski why he needs to search him, Kosinski grabs the boy by his shoulder and forcefully moves him to the hood of the patrol car and shoves his chest into the hood. What type of misconduct is this an example of?

police brutality

crime prevention detention and the apprehension of criminal carried out by private organizations or individuals for commercial purposes is referred as what

private policing

_____ _____ is defined as a set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense.

probable cause

in order to be valid a warrantless search or arrest must be

reasonable

For a writ to be granted, ordinarily four justices must agree to hear the case. This is known as the _______ __ ______.

rule of four

______ ______ has primary jurisdiction over specific types of offenses and that operates differently than a traditional criminal court

specialized court

_____ _______ consists of information that can be used immediately in regard to intelligence led policing

strategic intelligence

_______ _____ consists of information that can be used immediately in regard to intelligence-led policing

tactical intelligence

What are less-lethal conducted-energy devices that use an electrified dart to administer a shock to an uncooperative suspect?

tasers

The constitutional right against excessive bail can be found in the

the eighth amendment

what agency regulates drones (unmanned aerial vehicles) for police departments

the federal aviation administration (FAA)

who is responsible for investigating police corruption, citizen complaints, and allegations of excessive force

the internal affairs division

Who sets the monetary amount of bail that is required for pretrial release?

the judge

In most states, what/who must agree to the defendant's right to waive their preliminary hearing?

the judge and the prosecutor

who is considered the backbone of the police department

the patrol officer

Which technologies mentioned in Chapter 8 aid law enforcement in "virtually" seeing into a residence?

thermal imaging through wall radar

in Boston in the mid nineteenth century amateur bounty hunters who were hired by victims to apprehend thieves were called

thief takers

regarding promoting personnel most police departments follow which type of system

time-in-rank

around the turn of the ______ _____ a number of nationally recognized leaders called for measures to help improve and professionalize the police.

twentieth century

the modern police department was born out of the ______ ______ ______ that wracked the nations cities in the nineteenth century

urban mob violence

one of the measures that can be used to improve police productivity

utilizing civilian employees to fill administrative roles and some line activities

which police detective squads are typically used enforce victimless crimes

vice squads

Consider the following scenarios: Officers were called to a home regarding a domestic violence altercation. Two teenage brothers were arguing over a cell phone, and one brother punched the other brother in the stomach. When Officer Morales arrived, he separated the brothers and talks to each of them until they calm down. No arrests were made. Later that week, Officer Morales was called to respond to another assault investigation. A teenage boy was taking money out of an ATM when a stranger tapped him on the shoulder and punched him in the stomach. The two were fighting when officers arrived. At the end of the investigation, Officer Morales arrested the instigator of the fight. Which type of factor influenced the discretion used in these two scenarios?

victim factors

When it comes to officer misconduct, the officers who receive the bulk of complaints tend to be

younger and less experienced.

Examples of police corruption

- A police commander in charge of fleet management sells relatively new police vehicles to officers at drastically discounted rates, forcing the department to have to buy new replacement patrol cars. - An officer takes a sergeant's exam, records the questions, then gives the questions to her friends so that they can be more prepared when they take it. - An officer decides to look the other way when a specific drug dealer sells drugs in his district. The officer is given a cut of the dealer's profits in return.

what are the reasons that private policing has become so popular

- a preference for nongovernmental provision of important services - the growth of mass private property

facts about policing in the 1960s

- civili unrest produced a growing tension between police and the public - the U.S Supreme Court handed down a number of decisions designed to control police operations and procedures

what is true about the political era of policing

- early agencies were corrupt, brutal, and inefficient - politics determined the recruitment of new officers - politics dominated the departments - individuals with the right connections could be hired despite a lack of qualifications - politics determined the promotions of supervisors

things considered nondeadly force

- handcuffing a prisoner - tear gas

Money from LEAA did what

- helped thousands of officers further their college education - import or transfer technology originally developed in other fields into enforcement - purchases of little-used hardware, such as antiriot gear - supporting innovative research on police work and advanced training of police officers

major roles of a patrol officer

- identify and apprehend law violators - create a feeling of security in the community

What are the responsibilities of the United States Secret Service

- investigating identity crimes - protection of the president of the US - telemarketing fraud investigations - investigating counterfeit currency

problem-oriented policing is concerned with which of the following

- issues that require both police and community involvement - long-term community problems and strategies to eliminate them

facts about the police force created by the metropolitan police act

- many of the members were corrupt - it was initially composed of more than 1,000 men - members were influenced by the wealthy - it was structured along military lines - in the early years nearly one- third of the officers were dismissed each year - members were unsuccessful at stopping crime - members wore distinctive uniforms

beliefs supported by the broken windows model of policing

- neighborhood disorder creates fear - neighborhoods give out crime-promoting signals - police need to aggressively target low-level "quality of life crimes

What is a resource that can be utilized for intelligence led policing when criminals move from an area targeted for increased police presence to another that is less well protected

- offender interviews - suspect surveillance - careful analysis of crime reports and calls for service

duties of the FBI

- operate a national threat-warning system to distribute important terrorism alert bulletins - publish an annual complication of crime data - collect and maintain a vast fingerprint database

Even in the most egregious cases of flagrant misconduct, a prosecutor cannot be held liable for their actions during the judicial stage of a case. What is this concept called?

Absolute immunity

Sir Robert peels principles of policing

- police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public - the test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it - the degree of cooperation of the public that secured diminishes proportionately to the necessity of the use of physical force. - police seek and preserve public favor not by catering to public opinion but by constantly demonstrating absolute impartial service to the law - the basic mission for the police exist to prevent crime and disorder

Obstacles facing evidence based policing

- rigorous randomized experiments are difficult to conduct in the real world - political obstacles from police supervisors and executives are convinced that "my way is best"

factors that are strongly linked to the type of nondeadly force used by police officers

- the type of crime being committed - the officers past experiences - the presence of other officers

advantages of police wearing body cameras

- they can be used to bolster police training - the cameras have evidentiary value - they create a civilizing effect - they increase transparency

perceived drawbacks of sting operations

- they may encourage criminals to commit new crimes - they place police operatives in demeaning roles such as acting like prostitutes or drug addicts. - they have been criticized as violating the personal rights of citizens

what years did the political era of policing take place

1840-1920

______ _______ protects criminal suspects against unreasonable searches and seizures

4th amendment

What can plea bargaining be seen as?

A conflict between the state and an individual

What can the preliminary hearing be defined as?

A hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime

How would you describe an officer that threatens to arrest a local politician's son for drug use if he is not paid $100,000?

A meat eater

What happens when the defendant stands mute before the judge at an arraignment hearing?

A not-guilty plea is automatically entered.

Programs providing assistance of counsel to indigent defendants can be divided into which major categories?

Assigned counsel systems Public defender systems Contract systems

what city was the first to create a formal United States police department

Boston

which federal entity has jurisdiction over illegal sale importation and criminal misuse of firearms and explosives

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

What is the prosecutorial philosophy that emphasizes community support and cooperation with other agencies in preventing crime, as well as a less centralized and more proactive role for local prosecutors?

Community prosecution

______ integrates information from different jurisdictions into a single database that detectives can access when working investigation

Coplink

Which organization administers the greatest percentage of pretrial programs?

Court-administered programs

Cross-examining for the purpose of discrediting the reliability or credibility of an adverse witness whom you know to be telling the truth is an ethical dilemma for which member of the courtroom workgroup?

Criminal defense attorney

which agency is responsible for protecting our nations borders

Customs and Border Protection

To combat officer misconduct, several police departments have instituted strategies that involve a combination of deterrence and education. What are these strategies called?

Early-warning systems

What are the ways the The U.S. Supreme Court is unique?

Decides basic social and political issues Shapes the meaning of the Constitution Established by constitutional mandate

Which attorney must maintain confidentiality and advise their client of the constitutional requirements of counsel, the privilege against self-incrimination, and the right to trial?

Defense

An officer is called to a convenience store by the store manager. The manager complains that a group of teenagers has been loitering outside in his parking lot all day and he wants them removed. He tells the officer that he believes the teenagers are "smoking weed out there too." Because the officer just attended a briefing at her precinct about the new directive for lowering teen drug use in her jurisdiction, the officer decided to transport the teenagers to her substation, contact their parents, and issue them tickets for loitering. Which factors influenced this officer's use of discretion?

Departmental factors

_____ is an effect that occurs in problem-oriented policing when criminals move from an area targeted for increased police presence to another that is less well protected

Displacement

_______ is when the prosecutor postpones or eliminates criminal prosecution in exchange for the alleged offender's participation in a rehabilitation program.

Diversion

Officer Lim has been working the morning shift at his precinct for the last 4 years. When several older officers retire, there is a coverage gap for patrol during the graveyard shift. Officer Lim's schedule is changed from working 8 a.m.-10 p.m. Monday, Wednesday, and Saturday to working 1 a.m.-3 p.m. Tuesday, Thursday, and Sunday. What type of stressor is this?

Duty stressor

The ______ would become the leading voice for police reform

International Association of chiefs of police.

What effect did Terry v. Ohio have on policing?

It authorized the use of the stop, question, and frisk investigative tactic.

What is the definition of a criminal "information"?

It is a formal document listing the criminal charges brought forth at the preliminary hearing.

why are some police supervisors wary of community policing?

It is structured with fewer supervisors, which could mean a loss of authority

Empirical studies have shown that local police officers routinely stop and/or search African American motorists at a far greater rate than their representation in the driving pool. What does this mean?

It means that there is a possible correlation between a driver's race and whether or not they are stopped by the police.

Why was the Protect America Act considered controversial?

It permitted electronic surveillance of all communications, including some domestic ones that involved foreign targets.

What is the main principle of the exclusionary rule?

It prohibits using illegally obtained evidence in a trial.

What effect did Tennessee v. Garner have on police officer use of force?

It reduced the types of situations in which cops are legally justified in using deadly force.

where did British home secretary sir Robert "Bobbie" peel organize law enforcement by pushing through the Metropolitan Police Act

London

What is the term used to describe decision making by police officers that is not subject to administrative review?

Low-visibility decision making

In which 1961 landmark decision did the Supreme Court make the exclusionary rule applicable to the state courts?

Mapp v. Ohio

What are the common forms of alternative dispute resolution?

Mediation and Arbitration

Which landmark case determined that a suspect under arrest must be advised that they have no obligation to answer questions and that they are entitled to have a lawyer present during questioning?

Miranda v. Arizona

Which of the following is a method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections?

Missouri Plan

Which Supreme Court case found that local agencies could be held liable under the federal Civil Rights Act for actions of their employees if such actions were part of an official custom or practice?

Monell v. Department of Social Services

What does research conducted in North Carolina suggest about the dangerous rate of domestic violence calls in comparison to many other routine police interactions?

No more dangerous

A warrantless search or arrest must be reasonable. You are a police officer on routine patrol when you see a known drug dealer drive by. You pull your police car directly behind him at a stop light. As soon as the light turns green, you initiate a traffic stop and pull the driver over. Once stopped, you ask the driver to get out of his car so you can search it for drugs. You find a large amount of methamphetamine under the driver's seat. You seize the drugs and arrest the driver. Is this a "reasonable" warrantless search and arrest?

No, because he wasn't doing anything wrong to justify you stopping his vehicle.

What condition does a misdemeanor need to meet in order for a warrantless arrest of a misdemeanor to be valid?

Occur in the officer's presence

Consider the following scenario. A police officer is called to a college dorm for a noise complaint. When the dorm resident opens the door, a large plume of smoke comes billowing out onto the officer. The officer notes the distinct odor of marijuana. The officer tells the students they are being too loud and breaks up the party, sending several students back to their own dorms. He warns the student living in the dorm room that this is his first and only warning and reminds him that smoking in the dorms is prohibited. What is this an example of?

Officer discretion

When it comes to the cause of corruption, if you believe that the type of person who becomes a police officer is the cause, which view do you ascribe to?

Police personality view

What are the general factors linked to prosecutorial decision making?

Political factors Case factors System factors Disposition factors

What legal concept gives the Supreme Court power to influence and mold the everyday operating procedures of the police, trial courts, and corrections agencies?

Precedent

What is it called when a prosecutor lacks evidence to charge someone with a particular crime and instead charges the individual with a lesser, unrelated offense?

Pretextual prosecution

What is the practice by private attorneys of taking the cases of indigent offenders without a fee as a service to the profession and the community known as?

Pro bono

Which term describes the power to institute or discontinue formal charges against the defendant and represents the control and power that the prosecutor has over an individual's liberty?

Prosecutorial discretion

What can racial profiling be defined as?

Racial influence over police discretion

Many states require repayment to the state for at least part of their legal services when they are used by defendants. What is this process called?

Recoupment

what do the letters SARA stand in regard to problem-oriented policing

Scanning, Analysis, Response, and Assessment

in early England, shires, which resembled the counties today, were controlled by the shire reeve, who was by the Crown or local landowner to supervise the territory and ensure that order would be kept. the shire reeve soon began to pursue and apprehend law violators as part of his duties what was this a forerunner of in modern United States policing?

Sheriff

As a patrol officer, you arrest a suspected burglary suspect inside the kitchen area of a closed restaurant. The suspect is drunk and uncooperative. Incident to arrest, you search the suspect's backpack and find a firearm reported stolen from a different burglary. You book the suspect into jail for burglary and possession of a stolen firearm. It turns out that the suspected burglar is actually the owner of the closed restaurant and there was no crime at that location. The charges of burglary are subsequently dropped. Based on the above scenario, what happens to the charge of possessing a stolen firearm?

Since the arrest is found to be invalid, any evidence obtained from the search would be inadmissible and excluded from a trial.

Which courts try to change the way the criminal justice system works with a main concern of reducing recidivism?

Specialized courts

Which form of electronic technology is controversial because there is no requirement for the police to obtain a search warrant prior to using it?

Surveillance cameras

Officer Hawkins is on patrol when he sees a group of African American teenagers sitting in a park. He approaches the group and asks what they are doing. One of the teenagers responds that it is none of his business. Officer Hawkins grabs the teenager by the shirt and tells him to put his hands on the picnic table where he was originally sitting. He proceeds to frisk the teenager. The patrol sergeant arrives on scene to check on Officer Hawkins. When he asks Hawkins why he frisked the teenager, Hawkins replies that this group fits the description of "people who were making trouble in the area." What does the sergeant report that Hawkins did?

That Hawkins has racially profiled this group of teenagers

What are key aspects of preventive detention?

That bail can be denied for the safety of any other person and the community That bail can be denied if no condition or combination of conditions will reasonably assure the defendant's appearance

James Lange, Mark Johnson, and Robert Voas surveyed drivers on the New Jersey Turnpike and found that the proportion of speeding drivers who were identified as African American coincided with (or matched) the proportion of African American drivers stopped by police. What do their findings suggest?

That police are less likely to engage in racial profiling today and that efforts to control profiling have been successful

When deciding how to deal with police corruption, what is important to remember about police officers?

That they are more reluctant than ordinary citizens to report unethical behavior on the part of their colleagues

The _____ _________ _________ ___________ _________________ devoted a significant portion of its funds to police agencies

The Law Enforcement Assistance Administration (LEAA)

What is the name of the antiterrorism legislation enacted after 9/11 that expanded the number of criminal statutes for which such wiretaps can be authorized?

The Patriot Act

Where can the basis for the concept of plea bargaining be found?

The Supreme Court

When it comes to job-related stressors, why do some officers believe they may feel stress?

The court system favors the rights of criminals and handcuffs the police.

What happens to the criminal proceedings when a defendant enters into a pretrial diversion program?

The criminal proceedings are suspended.

What is taken into consideration when the prosecutor determines whether or not to charge a defendant?

The facts of the case The strength of the evidence The availability of witnesses

When the defense and the prosecution work together in a spirit of cooperation to get the case over with rather than fighting it out, this is known as what?

The informal justice system

What does the prosecutor take into consideration when deciding if a pretrial diversion program will be offered to a defendant?

The nature of the crime The impact of diversion on the community If the defendant is a first-time offender

what are justifications to a warrantless claim of "hot pursuit"

The offense in question must be serious, usually a felony. Hot pursuit must be initiated from a lawful vantage point.

what is true in regard to the Miranda warning

The person has the right to remain silent. If the person cannot afford an attorney, one will be appointed for them by the state. The person has the right to have an attorney present at the time of the interrogation. If the person decides to make a statement, the statement can and will be used against them in a court of law.

Which rules must a police officer follow if he searches a subject incident to a lawful arrest?

The search must be conducted at the time of or immediately following the arrest. The police may search only the suspect and the area within the suspect's immediate control.

A probable cause hearing is held to determine what

There is probable cause to believe that a person subjected to a warrantless arrest committed the crime.

What can happen to police officers who suffer from fatigue?

They are at a higher risk of being injured on the job.

Who is more likely to be convicted and get longer prison sentences?

Those who are jailed and cannot afford to put up bail money

______ court organization exists in every state, but the states differ in the way they have delegated responsibility to a particular court system.

Tiered

What is the purpose of an arraignment?

To inform the defendant of the charges against them

Courts of general jurisdiction can grant a new trial on review of a case from a court of limited jurisdiction. What is this known as?

Trial de novo process

______ _______ serves as the nations principal litigators and are appointed by the president

U.S attorneys

Which court has jurisdiction over the laws of the United States, treaties, and cases involving admiralty and maritime jurisdiction?

U.S. Supreme Court

What are the trial courts of the federal system known as?

U.S. district courts

Court congestion is undesirable for what reasons?

Violation of the Sixth Amendment Costs money Too long for resolution

United States Marshals responsibilities

Witness security Judicial security Prisoner operations Fugitive apprehension

In the middle of the twentieth century, the Supreme Court moved away from trying to review every case brought before it and developed a method for dealing with the large volume of cases. What is this method called?

Writ of certiorari

Two officers are on foot patrol walking along the sidewalk area of an apartment complex. One of the officers notices a first-floor bedroom window has window blinds that are partially open. From her location on the sidewalk, the officer looks into the window and observes what appears to be cocaine and drug paraphernalia on a nightstand. Based on the observation, the officers knock on the door. When the tenant answers the door, the officers enter the residence, seize the drugs, and arrest the tenant. Is this a valid search and seizure?

Yes, it is based on an exception of the Fourth Amendment.

thief takers in Boston in the mid nineteenth century were replaced by the establishment of

a detective bureau

persons that trigger the search and seizure amendment prohibitions

a detective, a deputy sheriff, and a police officer

The situation in which police officers who are suspicious of an individual run their hands lightly over the suspect's outer garments to determine whether the person is carrying a concealed weapon is called

a frisk

what cannot be subject to search and seizure amendment prohibitions

abandoned property, a public park, open fields

_______ _________ ________ may be asked to evaluate the impact of new evidence, but typically decides on whether the Constitution was correctly interpreted during a case.

an appellate court

what characterizes proactive policing

and aggressive law enforcement style

_______ _______ is the term used to describe those who commit crimes that could have been prevented if they had not been given discretionary release (bail) and instead had been kept behind bars after their initial arrest.

avertable recidivists

______ is a police administrative procedure in which the date of the arrest are recorded; arrangements are made for bail, detention, or removal to court; and any other information needed for identification is obtained.

booking

what are community-oriented policing program's designed to do

bring the police and public closer together and create a more cooperative environment between them

what contributes to the stress police officers face when it comes to their social and family lives?

bringing the job home shifts in work hours

a law enforcement program that seeks to intergrade officers into the local community to reduce crime and gain good community relations in an effort to reduce community fear of crime, disorder, and decay is known as what

community policing

the concept that emerged in the 1908s that police were not simply crime fighters and called for police to develop a greater awareness of community issues

community policing

key elements of community policing

cooperation, and mutual trust

In the past, police officers would help politicians gain office by allowing electoral fraud. Senior officers would also sell promotions to higher ranks within the department. What are these examples of?

corruption

In the United States, felony, superior, supreme, county, and circuit courts are known as ______ ______ ________ _______

courts of general jurisdiction

the use of computer mapping software that is used to map geographic "hot spots" where a majority of predatory crimes are concentrated, translating addresses into map coordinates and allowing departments to identify problem areas for particular crimes is called what

crime mapping

what can an officer do when executing a search warrant

damage property use physical force

what is the term used to identify crime patterns and link them to suspects, many departments use computer software to conduct analysis of beahvior patterns

data mining

who investigates the causes of crime and attempts to identity the individuals or groups responsible for committing particular offenses

detectives

Which agencies are ICE (Immigration and Customs Enforcement) responsible for

enforcement and removal operations homeland security investigations

the concept of community-oriented policing that took officers out of cars and had them walking beats in the neighborhood is known as

foot patrol

Which of the following are types of ways to post bail?

full cash bail surety bail own recognize

At what rate does police violence occur in cities that experience a large number of crimes committed with firearms?

high