CJ 490 Exam 2 Review

Tolerated Lies

"necessary evils" according to Barker & Carter's proposed typology of lies

2 Major Areas of Judicial Discretion

(1) Assess legality of evidence & make ruling (2) Write instructions for jury

Klockars 4 Elements of Police Power

(1) Authority (2) Power (3) Persuasion (4) Force

4 Factors Associated with Use of Force by Police

(1) Characteristics of target (2) Situational characteristics (3) Characteristics of officer (4) Psychological traits

What are 5 exceptions to confidentiality rule for defense attorneys?

(1) Client consent (2) Required by law (3) Defend from accusation of wrongful conduct (4) Prevent client from committing crime/fraud (5) Prevent/mitigate/rectify financial injury to another

According to Carter, what 3 elements of police work lead to drug use?

(1) Exposure to a criminal element (2) Relative freedom from supervision (3) Uncontrolled availability of contraband

4 Major Themes of Formal Ethical Codes for LE

(1) Fairness (2) Service (3) Importance of law (4) Personal conduct

4 Canons of the Model Code of Judicial Conduct

(1) Judge shall uphold & promote the independence, integrity & impartiality of the judiciary, & shall avoid impropriety & the appearance of impropriety (2) Judge shall perform duties of judicial office impartially, competently & diligently (3) Judge shall conduct the judge's personal & extra judicial activities to minimize the risk of conflict with the obligations of judicial office (4) Judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity or impartiality of the judiciary

According to Packer, what are the 6 principles the due process operates?

(1) Possibility of error (2) Finality is not a priority (3) Insistence on prevention & elimination of mistakes (4) Efficiency is rejected if involves shortcuts (5) Protection of process if as important as protection of innocents (6) Coercive power of the state is always subject to abuse

4 Principles Cohen suggests attorneys must follow to be considered moral

(1) Treat others as ends in themselves & not as means to winning case (2) Treat clients & other professional relations who are relatively similar in similar fashion (3) Don't deliberately engage in behavior that is apt to deceive the court to the truth (4) Willing to make reasonable personal sacrifices of time, money, popularity, for what you justifiably believe to be morally good cause

According to a 2016 Gallup Poll measuring trust, which professions rated highest & lowest in terms of the standards of honesty & ethics?

(highest) attorney & (lowest) members of Congress

In Barker & Carter's study, what percent of police may have used drugs on duty?

8%

What percent of police said they lied about evidence to induce a confession?

92%

In which state was the first "conviction integrity unit" established?

Dallas, Texas

Consensus Paradigm is most closely associated with which philosopher?

Durkheim

Graft

any exploitation of one's role, such as accepting bribes or protection money

Criminalistics

application of science to recognize, identify & evaluate physical evidence in court

What is the legal tool used to confiscate property & money associated with organized crime?

asset forfeiture

Discretion

authority to make decision between 2 or more choices

Force

authority to use physical coercion to overcome the will of the individual

Barry Scheck of the Innocence Project asserts many Brady violations occurring in prosecutors' offices are due to what?

being over worked & simply forget to disclose evidence

Belief Perseverance

believing one's original theory of the case despite evidence to the contrary

What's the most common charge against prosecutors?

brady violations

"Blue Curtain of Secrecy"

code of silence

What's a valid reason for an attorney to withdraw from a case?

conflict of interest

Crime Control Method

criminals are the enemy & police are soldiers in the war on crime

Due Process

criminals have rights that protect from deprivation of life, liberty & property

US v. Russell

current basis for evaluation of entrapment

Ticket Fixing

decline to issue a ticket to an off-duty officer who is stopped for speeding or for other driving violations

Drug courts present particular ethical challenges for _______________ whose role might appear redundant.

defense attorneys

Nix v. Whiteside

defense attorneys can refuse to let defendant commit perjury

International Association of Chiefs of Police (IACP)

developed Law Enforcement Code of Ethics & Oath of Honor

Bureaucratic Justice

each case is treated as one of many

Brady Violations

failure to disclose evidence, stems from duty to reveal exculpatory evidence to defense

What is more influential to juries than DNA evidence?

false confessions

When is recusal necessary for a judge?

financial interest or other bias or relationship that appears inappropriate

Pro Bono

free

Example of Gratuity

free meal for an officer at a restaurant she patrols

Community & problem-oriented policing & accountability mechanisms are components of what?

guardian model

"Blue Discount Suit"

how officers felt about gratuities, explaining how officers expected merchants to extend free merchandise

Positivist Law

human made law - laws written & enforced by society

Attorney-Client Privilege relationship is legally comparable to what relationships?

husband & wife, priest

Brown v. Mississippi

illegal to use physical force to get conviction

John Stuart Mill's "Harm Principle"

individuals should have the utmost freedom over their own actions unless they harm others

Entrapment

innocent person commits illegal act b/c of police encouragement or enticement

Legal Moralism

justify law that allows protection & enforcement of societal morals (gambling)

Continuum of Force

justify use of force when necessary to apprehend/subdue suspect of a crime

Legal Paternalism

laws that protect individuals from hurting themselves (seat belt) - supported by ethics of care - prevent harm to self

Consent Decree

legal agreement between the Justice Department & a police department, which agrees to monitoring & reform of certain practices to avoid a lawsuit

Blue Lies

lies used to control a suspect or to avoid the use of force

Legal Agent

loyalty to one's client surpasses individual & private morality

Community Policing

model of law enforcement that addresses underlying problems rather than simply enforcing the law

What are motivations for prosecutors to offer a plea bargain?

moderate an unfair application of sentencing statutes by reducing the charge to achieve a shorter sentence if an offender agrees to terms

Criticism of Crime Control Method

more tolerant of inappropriate uses of power

Minnesota Multiphasic Personality Inventory (MMPI)

most common pre-employment screening tool used by law enforcement agencies

Brady Motions

motions demanding the prosecutor reveal exculpatory information

Militarization of Police

move police perception from "warrior" to "guardian" - guardian sees officers as protector of citizenry & democratic values

Attorney-client privilege may ethically be revoked if?

necessary to mitigate or rectify financial crime

"Testilying" is what type of corruption?

noble-cause corruption

In confrontations between police & citizens, research has shown that factors leading to disrespectful interaction include what?

noncompliance, lack of officer training & improper tactics

Why would Ethical formalism reject a policy of allowing gratuities?

not fair to other paying customers

What does the Supreme Court not consider when evaluating issues of entrapment?

objective test - whether police actions provided essential elements to the crime

Selective Information Processing

only recognizing evidence to fit one's theory

Innocence Project

organization staffed by lawyers & students who reexamine cases & provide legal assistance to convicts when there is a probability that serious errors occurred in their prosecution

Shadow Jury

panel chosen by defense to represent jury - sit thru trial & give feedback on evidence presented

What area of Criminalistics is the least reliable?

pattern recognition (hair, teeth, fingerprint)

"Halo Effect"

person with expertise or status in one area is given deference in all areas

An important distinction between a gift & a gratuity is that a gift is?

personal & has no strings attached

The vast majority of cases in the criminal justice system are settled by?

plea bargain

Intel-Led Policing

policing strategy that utilizes data analysis to make decisions to prevent crime

Show-Up

present a single suspect to an eyewitness for identification

Natural Law

principles of morals & rights are inherent in nature, not man-made & discovered by reason but exist apart from humankind - laws in natural world that can be discovered by reason

Brady v. Maryland

prosecution must disclose deals made with informants

Good Samaritan Law in the US

provide some immunity to those who stop & give aid

View of police as ____________ is consistent with due process model

public servants

Police Interrogations

questioning a person believed to be guilty of a crime to get a confession

Use of Force can be predicted by what?

race or socioeconomic status, but demeanor can be more influential

How would undercover operations be viewed by ethical formalism?

reject b/c deceptive motives

Perry v. Newhampshire

reject necessity of judicial review of eyewitness testimony

Duty

responsibilities attached to a specific role

Example of Psychological Abuse

ridicule

Why are Judges against pro se (self-defense)?

risk conviction being overturned on appeal

Gall v. US

ruled against federal sentencing guidelines

What recent research has led to the indication that the "blue curtain of secrecy" is breaking down?

sanctions against whistle blowers & laws to protect them

Community Policing & Ethics

scrutiny & hostility made police not engage in proactive activities, leading to spikes in crime & homicide

Consensus Paradigm

society is a community consisting of like-minded individuals who agree on goals important for ultimate survival - law is functional - most people have similar beliefs, values & goals & societal laws reflect majority view

Pluralist Paradigm

society made of competing interest, more than 2 groups - law is tool of power group

Conflict Paradigm

society made of competing/conflicting interests - law is tool used by those in power

Integrity Testing

sting operations to test whether police officers will make honest choices

What are the most common reasons for false convictions?

suspects don't understand their Miranda Rights & juveniles are prone to psychological manipulation

Example of Legal Abuse

unlawful seizure

Authority

unquestionable entitlement to be obeyed that comes from fulfilling specific role

Persuasion

use of signs, symbols, words & arguments to induce compliance

B/c plea bargaining is efficient & benefits both state & defendant, this process is justified by what?

utilitarianism

What ethical system is a defense attorney who strictly adheres to the Model Rules exhibiting?

utilitarianism

What is the ethical system that justifies passing a law for the purpose of protecting people from harm?

utilitarianism

Exclusionary Rule

when evidence has been obtained illegally, it must be excluded from use in trial

What's the ethical concern regarding expert witnesses?

when the witness is used in a dishonest way