AJ 101 Final exam ch. 1-14
U.S. Constitution
A document that embodies the fundamental laws and principles by which the United States is governed.
U.S. Supreme courts
A federal court; the highest body in the judicial branch. The Supreme Court is composed of a chief justice and eight associate justices, all of whom are appointed by the president and confirmed by the Senate.
U.S. Secret Service
A federal law enforcement organization with the primary responsibility of protecting the president, the president's family, the vice president, an other important political figures.
U.S. Secret Service
A federal law enforcement organization with the primary responsibility of protecting the president, the president's family, the vice president, and other important political figures.
Child neglect
A form of child abuse in which the child is denied certain necessities such as shelter, food, care, and love.
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. -Crimes may be acts of commission, or acts of omission, or even attempted acts Omission qualifies as the failure to act when required to do so Attempt is the act of taking substantial steps toward committing a crime while having the ability and intent to commit the crime
Mens Rea
A guilty mental state A wrongful mental state is as necessary as a wrongful act in establishing guilt Categories on mens rea Purposefully, knowingly, negligence, and recklessness
Prosecutor
A lawyer who represents the government in a criminal case and whose job it is to prove the defendant guilty; also called the district attorney or the state's attorney.
Frisk
A pat-down or minimal search by police to discover weapons.
Probationary Period
A period of time at the beginning of a police officer's career during which (s)he may be fired without cause.
Rehabilitation
The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern.
Detective
a person, especially a police officer, whose occupation is to investigate and solve crimes.
Judge
a public official appointed to decide cases in a court of law.
second amendment
"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."
Crime Rate
the ratio of crimes in an area to the population of that area; expressed per 1000 population per year
Tennessee V. Garner (1985)
use of deadly force on fleeing felon is constitutional only when the fleeing felon represents a significant threat to the officer of society
Professional Era
-Resulted in large part due to the Progressive movement in American society -Progressive model has six elements 1.police should stay out of politics 2.police should be well trained, well disciplined, and tightly organized 3.laws should be equally enforced 4.police should use new technology 5.personel procedures should be based on merit 6.main task of police should be fighting crime
Prison
A correctional, detention, or penal facility.
Court reporter
A court reporter or court stenographer, also called stenotype operator, shorthand reporter or law reporter, is a person whose occupation is to transcribe spoken or recorded speech into written form
Cyber crime
A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world.
Internal Affairs unit
A division within a police department that receives and investigates complaints of wrongdoing by police officers.
Rational Choice Theory
A school of criminology that holds that wrong doers weigh the possible benefits of criminal of delinquent activity against the expected costs of being apprehended.
Ethics
A system of moral principles that governs a person's perception of right and wrong.
Jury Trail
A trial before a judge and a jury.
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
Mala in Se
Acts that are inherently wrong, regardless of whether they are prohibited by law Examples: Murder Sexual Assault
Mala Prohibita
Acts that are made illegal by criminal statute and are not necessarily inherently wrong Examples: Prostitution Bigamy
Crime
An act that violates criminal law and is punishable by criminal sanctions
Fourth amendment
An amendment to the U.S. Constitution that provides freedom from unreasonable searches and seizures. This amendment also states that warrants must only be issued with probable cause.
Fifth Amendment
An amendment to the U.S. Constitution that provides protections to a person accused of a crime, including the right of due process. Due process is the concept that a person cannot have life, liberty, or property taken away without appropriate legal procedures and protections. Guarantees protection against self-incrimination - Double Jeopardy, prohibits a second prosecution in the same court for the same criminal offence
Aggravating Circumstances
Any circumstances accompanying the commission of a crime that may justify a harsher sentence
Misdemeanor
Any other crime not classified as a felony Punishable by a fine or confinement in a jail up to one year Usually classified as a gross or petty misdemeanor
Proactive Policing
Attempting to stop crimes before they are comitted
ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives: It is primarily concerned with the illegal sale, possession, and use of firearms and the control of untaxed tabacco and liquor products.
Trial courts
Courts in which most cases usually begin and in which questions of fact are examined
Appellate courts
Courts that review decisions made by lower courts, such as trial courts; also known as courts of appeals.
Felony
Crimes punishable by death or imprisonment in a prison for one year or longer. Generally there are four degrees of felonies Capital offenses First degree felonies Second degree felonies Third degree felonies
DEA
Drugs Enforcement Administration: The federal agency responsible for enforcing the nation's laws and regulations regarding narcotics and other controlled substances.
Police
Enforcing laws, providing services, preventing crime, preserving the peace. Intelligence, Terrorism, and Technology.
Disorganization Theory
Examines relationship between people and their environment. Deviant behavior is more likely in communities where social institutions such as the family, schools, and the criminal justice system fail to exert control over the population.
FBI
Federal Bureau of Investigation: The branch of the Department of Justice responsible for investigating violations of federal law.
Sixth amendment
Guarantees a speedy and public trial by a jury, the right to confront witnesses, and the right to counsel
Miranda Vs. Arizona
In Miranda v. Arizona (1966), 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.
Infraction
In most jurisdictions, a non-criminal offense for which the penalty is a fine rather than incarceration.
Thirteenth Amendment
Inmates do not have the same guaranteed rights as other Americans.
Local Police
Investigate most crimes and attempt to deter crime through patrol activities.
Federalism
Is a form of government in which a written constitution provides for a division of powers between a central government and several regional governments.
Burden of Proof
It is beyond a reasonable doubt. The obligation to prove one's assertion.
Quality of life crimes
It refers to a practice of heavily policing a number of normally non-criminal activities such as congregating and/or drinking in public spaces, as well as minor offenses such as graffiti, public urination, panhandling, littering, and unlicensed street vending in public spaces because, the argument goes, if left unchecked, they will lead to an explosion of serious crime.
Trait Theory
It suggests that certain biological or psychological traits in individuals could incline them toward criminal behavior given a certain set of circumstances.
U.S. Marshals Office
Its assign to work for the U.S. district courts (federal courts), where federal crimes are tried.
Corrections
Jail, probation, parole sanctions such as imprisonment, parole, probation, and community service used to punish criminals
Case Law
Judge-made law including interpretations of the other sources of law Precedent Court decision that provides an example of authority for deciding subsequent cases involving similar facts
In Re Gault
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.
Nolo Contendere
Latin for "I will not contest it." A criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government.
Statutory Law
Laws or ordinances created by federal, state and local legislatures and governing bodies. Uniforms laws, when adopted by a state legislature become statutory law in that state.
Child abuse
Mistreatment of children by causing physical, emotional, or sexual damage without any plausible explanation, such as an accident.
Parole
Parole refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community
Political Era
Patronage system Form of corruption in which the political party in power hires and promotes police officers, receiving job-related favors in return
Trait Theory
Personality traits make people more likely to become criminals. Personality traits are influenced by both nature, or biological and genetic factors, and nurture, or environmental factors.
Probation
Probation in criminal law is a period of supervision over an offender, ordered by a court instead of serving time in prison.
Eighth Amendment
Prohibits excessive bails, fines, and cruel and unusual punishments
Fourteenth Amendment
Provides due process and equal protection of the laws made "all persons born or naturalized in the United States" citizens of the country
Police Academy Training
Provides recruits with a controlled, militarized environment in which they receive their introduction to the world of the police officer. They are taught the laws of search, seizure, arrest, and interrogation. 9 out of 10 police academies also provide terrorism-related training.
Courts
The Due Process Function, The Crime Control Function, The Rehabilitation Function, The Bureaucratic function
Uniformed crime report
The Uniform Crime Reports (UCR) are official data on crime in the United States, published by the Federal Bureau of Investigation (FBI)
Dual Court System
The United States has a Federal and State court system
Clearance Rate
The __________ is a comparison of the number of crimes cleared by arrest and prosecution with the number of crimes reported during any given time period
dark figure of crime
The dark (or hidden) figure of crime is a term employed by criminologists and sociologists to describe the amount of unreported or undiscovered crime.
Prison Population Growth
The population of inmates confined in prison or other facilities under the jurisdiction of the state or Federal Bureau of Prisons.
Intake
The process by which an official of the court must decide whether to file a petition, release the juvenile, or place the juvenile under some other form of supervision.
Plain View search
The rule that allows a law enforcement officer to seize evidence of a crime, without obtaining a search warrant, when that evidence is in plain sight.
Criminology
The scientific study of crime and the causes of criminal behavior There are different reasons why people commit crimes Mental illness Video games Low self-control
U.S. district courts
They are known as the work horses because they deal with most of the court cases. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty.
Female Prison Inmate Characteristics
They often lack self-efficacy Their criminal behavior is linked to parental stress They are more likely to suffer from mental health problems They are more likely to have been victims of physical and sexual abuse They were involved in unhealthy relationships Their lives are marked with poverty and homelessness
Due Process Model
This model emphasizes that the individual is to be protected from the power of the government.
Peremptory Challenge
Voir dire challenges to exclude potential jurors from serving on the jury without any supporting reason or cause.
Broken Windows theory
Wilson and Kelling's theory that a neighborhood in despair signals that criminal aactivity is tolerated in the area. By cracking down on quality-of-life crimes,police can reclaim the neighborhood and encourage law-abiding citizens to live and work there.
In Re Winship
___ ___ ___ , held that when a juvenile is charged with an act that would be a crime if committed by an adult, every of the offense must be proved beyond reasonable doubt
Bureaucracy
a system of government in which most of the important decisions are made by state officials rather than by elected representatives.
Aging out
a term used to explain the fact that criminal activity declines with age
The coroner's office
a usually elected public officer whose principal duty is to investigate all sudden, unexplained, unnatural, or suspicious deaths reported to the office. The coroner is ultimately responsible for determining the cause of death in these case.
Reactive Policing
also known as traditional policing, is the standard style of law enforcement in which authorities respond to calls of service and react to criminal incidents
Juvenile Delinquent
are minors, usually defined as being between the ages of 10 and 18, who have committed some act that violates the law. These acts aren't called "crimes" as they would be for adults. Rather, crimes committed by minors are called "delinquent acts."
Jail
are places that confine persons accused of crimes and awaiting trial or convicted of a crime.
Revocation Hearing
is a hearing held to determine whether or not a person has violated the conditions of probation.
Defense attorney
is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity.
Parole Board
is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge.
Community Policing
is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of ...
Institutionalization
is an often-deliberate process whereby a person entering the institution is reprogrammed to accept and conform to strict controls that enables the institution to manage a large number of people with a minimum of necessary staff.
Patrol officer
is commonly a group of personnel, such as law enforcement officers or military personnel, that are assigned to monitor a specific geographic area. This is also often referred to as a beat.
Discretion
is the authority to choose between and among alternative courses of action
The amount of crime per 100,000 people
is when the UCR presents crime data as a rate.
Walnut Street Jail
named after the Philadelphia, Pennsylvania street on which it was located, was the first prison built in the United States to use individual cells and work details.
Child endangerment
occurs when a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment. This can be through an act or omission.
Private prisons
or for-profit prison is a place in which individuals are physically confined or incarcerated by a third party that is contracted by a government agency.
Learning Theory
people learn from the community around them. Delinquents and criminals must be taught both the practical and the emotional skills necessary to participate in illegal activity.
Diversion
refers to diverting a defendant out if the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence.
White Collar Crime
refers to financially motivated nonviolent crime committed by business and government professionals
The war on Drugs
s a series of actions tending toward a prohibition of illegal drug trade.
