Dragon Justice Final Exam

corpus delicti

1. facts proving that a crime has been committed 2. body of the victim in a murder case

The U.S. Supreme Court consists of one chief justice along with associate justices.​

8

The U.S. Supreme Court consists of ____ justices.

9

About ___% of all criminal defendants in the United States are represented by public defenders or other appointed counsel.

90

reintegration

A goal of corrections that focuses on preparing the offender for a return to the community unmarred by further criminal behavior.

Security Threat Group (STG)

A group of three or more inmates who engage in activity that poses a threat to the safety of other inmates or the prison staff.

Actus Reus

A guilty (prohibited) act.

parole grant hearing

A hearing in which the entire parole board or a subcommittee reviews information, meets the offender, and hears testimony from relevant witnesses to determine whether to grant parole.

Voluntary Manslaughter

A homicide in which the intent to kill was present in the mind of the offender, but malice was lacking.

Confidential informant

A human source for police who provides information concerning illegal activity in which he or she is involved.

hung jury

A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict

statute of limitations

A law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred

Civil Law

A law that governs relationships between individuals and defines their legal rights.

just deserts

A sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society's rules.

social conflict theories

A school of criminology that views criminal behavior as the result of class conflict

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 warrant

A written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence.

affidavit

A written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

Pardon

An act of executive clemency that overturns a conviction and erases mention of the crime from the person's criminal record.

technical violation

An action taken by a probationer or parolee that, although not criminal, breaks the terms of probation or parole as designated by the court

Property bond

An alternative to posting bail in cash, in which the defendant gains pretrial release by providing the court with property valued at the bail amount as assurance that he or she will return for trial.

What was the strategic weakness or drawback of the community era?

An overreliance on police officers to solve all of society's problems was a weakness of the community era.

Felony Murder

An unlawful homicide that occurs during the commission or attempted commission of a felony, or certain felonies specified by law.

warrantless searches of automobiles

allowed if the person being arrested is close enough to the car to grab or destroy evidence or a weapon inside the car The arresting officer reasonably believes that the car contains evidence pertinent to the same crime for which the arrest took place

suspended sentence

a judicially imposed condition in which an offender is sentenced after being convicted of a crime, but is not required to begin serving the sentence immediately

A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant, is:

a magistrate.

Community correction

a model of corrections based on the goal of reintegrating the offender into the community

medical model

a model of corrections in which the psychological and biological roots of an inmate's criminal behavior are identified and treated

What is not an essential element for any crime?

a motive

frisk

a pat down or minimal search by police to discover weapons

nolo contendere

a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.

problem-oriented policing

a policing philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity

community policing

a policing. philosophy that emphasizes community support for and cooperation with the police in preventing crime

voir dire

a preliminary examination of a witness or a juror by a judge or counsel.

direct supervision approach

a process of prison and jail administration in which correctional officers are in continuous visual contact with inmates during the day

incident driving policing

a reactive approach to policing that emphasizes a speedy response to calls for service

"good time"

a reduction in time served by prisoners based on good conduct, conformity to rules, and other positive behavior

social process theories

a school of criminology that considers criminal behavior to be the predictable result of a person's interaction with his or her environment

rational choice theory

a school of criminology that holds that wrongdoers weigh the possible benefits of criminal or delinquent activity against the expected costs of being apprehended

According to routine activities theory, most criminal acts don't require what?

a sensible motive

sentencing discriination

a situation in which the length of a sentence appears to be influenced by a defendent's race, gender, economic staus, or other factor not directly related to the crime he or she committed.

Professional Model

a style of policing advocated by August Vollmer and O.W. Wilson that emphasizes centralized police organizations, increased use of technology, and a limitation of police discretion through regulations and guidelines

fee system

a system by which jail operations are funded by a set amount paid per day for each prisoner held

Substantial-Capacity Test (ALI/MPC 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

lay witness

a witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge

expert witness

a witness with professional training or substantial experience qualifying her or him to testify on a certain subject

arrest warrant

a written order, based on a probable caused and issued by a judge or magistrate, commanding that the person named on the warrant be arrested by the police.

A criminal justice professional's ability to rely on discretion when making on the job decisions means that they are what?

able to use their personal judgement when the formal rules allow for one or more possible choices

Domestic Terrorism

acts of terrorism that take place on U.S. soil without direct foreign involvement

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence, are called ____________​

problem-solving courts

eighth amendment

prohibits excessive bails, fines, and cruel or unusual punishment

Of the courtroom workgroup, who relies on the police to arrest suspects and gather sufficient evidence?

prosecutor

The level of charge to be brought against a suspect is determined by the _________​

prosecutor.

Fourth amendment

protection from unreasonable searches and seizures

discriminatory effect

proving that race or some other illegal group characteristic (not a legitimate criterion, such as seriousness of the offense or criminal record) accounts for the official decision

What are examples of public order crime?

public drunkenness prostitution gambling illicit drug use

During the pretrial process, the ____ holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged.

public prosecutor

What are the class of crime theories that our criminal justice system and ideas of punishment are based on?

rational choice theory is the "cornerstone of the American criminal justice system."

When police are conducting a search or seizure, they must be ________

reasonable

Bail

the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings

5th amendment

this imposes restrictions on the government's prosecution of persons accused of crimes. it prohibits self incrimination and double jeopardy and mandates due process of law

arrest

to deprive the liberty of a person suspected of criminal activity

In the eyes of the public, what is the primary goal of the police officer?

to enforce laws

What is the most controversial task of the police?

to prevent crime

double jeopardy

to twice place at risk a person's life or liberty. Constitutional law prohibits a second prosecution in the same court for the same criminal offense

Courts having original jurisdiction are courts of the first instance, or:

trial courts.

probation

a criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned

mala in se

a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law

arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

Docket

a court's calendar, showing the schedule of cases it is to hear

what are the 3 purposes of patrol?

1 to deter crime by maintaining a visible presence 2 maintenance of public order and a sense of security 3 Twenty four hour provision of services that are not crime related

What is the difference between a felony and a misdemeanor?

1. A felony is a serious crime while a misdemeanor is a less serious crime. 2. A felony is punishable by death or imprisonment of not less than one year while a misdemeanor is punishable by a fine or imprisonment of less than one year.

IIn the federal court system, there are ____ U.S. courts of appeals, also referred to as U.S. circuit courts of appeals.

13

The federal court system has____________U.S. Courts of Appeals, also referred to as U.S. Circuit Courts of Appeals.

13

Warrantless seizures of items are allowed if:

1the item is positioned in the officer's view 2The officer is legally in a position to notice the item 3The discovery of an item is inadvertent 4The officer immediately recognizes the illegal nature of the item

The The U.S. Supreme Court will not issue a writ of certiorari unless at least __________ justices approve of it.

4

The United States has _____________ different judicial systems.

52

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.

Indictment

A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime

M'Naghten Rule

A common law test of criminal responsibility, derived from M'Naghten's Case in 1843, that relies on the defendant's inability to distinguish right from wrong.

Day Reporting Center (DRC)

A community-based corrections center to which offenders report on a daily basis for treatment, education, and rehabilitation.

halfway house

A community-based form of early release that places inmates in residential centers and allows them to reintegrate with society.

home confinement

A community-based sanction in which offenders serve their terms of incarceration in their homes.

minimum security prison

A correctional institution designed to allow inmates, most of whom pose low security risks, a great deal of freedom of movement and contact with the outside world.

maximum security prison

A correctional institution that houses dangerous felons and maintains strict security measures, high walls, and limited contact with the outside world.

prisoner reentry

A corrections strategy designed to prepare inmates for a successful return to the community and to reduce their criminal activity after release.

Competency Hearing

A court proceeding to determine whether the defendant is mentally well enough to understand the charges filed against him or her and cooperate with a lawyer in presenting a defense.

Conflict Model

A criminal justice model in which the content of criminal law is determined by the group that hold economic, political, and social power in a community

Consensus Model

A criminal justice model in which the majority of citizens in a society share the same value and beliefs. Criminal act are acts that conflict with these values and beliefs and that are deemed harmful to society

mala prohibita

A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.

Qualified Immunity

A doctrine that shields law enforcement officers from damages for civil liability so long as they have not violated an individual's statutory or constitutional rights.

jail

A facility, usually operated by the county government, used to hold persons awaiting trial or those who have been found guilty of misdemeanors.

Patronage System

A form of corruption in which the political party in power hires and promotes police officers, receiving job-related "favors" in return.

Federalism

A form of government in which a written constitution provides for a division of powers between a central government and several regional governments

Boykin form

A form that must be completed by a defendant who pleads guilty. The defendant states that she or he has done so voluntarily and with full comprehension of the consequences.

Missouri plan

A method of selecting judges that combines appointment and election.

congregate system

A nineteenth-century penitentiary system developed in New York in which inmates were kept in separate cells during the night but worked together in the daytime under a code of enforced silence.

separate confinement

A nineteenth-century penitentiary system developed in Pennsylvania in which inmates were kept separate from each other at all times, with daily activities taking place in individual cells.

directed patrol

A patrol strategy that is designed to focus on a specific type of criminal activity at a specific time.

How are Probation and Parole different from one another?

A probation is usually granted to first time offenders and juvenile criminals, whereas parole is granted to prisoners who have served their sentence. The person on probation reports to his assigned probation officer, whereas the one on parole has to report to the assigned parole officer.

Magistrate

A public civil officer or official with limited judicial authority within a particular geographical area such as the authority to issue an arrest warrant

intensive supervision probation (ISP)

A punishment-oriented form of probation in which the offender is placed under stricter and more frequent surveillance and control than in conventional probation.

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 under which any evidence that is obtained in violation of the accused's rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.

split sentence probation

A sentence that consists of incarceration in a prison or jail, followed by a probationary period in the community

control theory

A series of theories that assume that all individuals have the potential for criminal behavior, but are restrained by the damage that such actions would do to their relationships with family, friends, and members of the community.

shock incarceration

A short period of incarceration that is designed to deter further criminal activity by "shocking" the offender with the hardships of imprisonment.

sentencing disparity

A situation in which those convicted of similar crimes do not receive similar sentences.

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 in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.

differential response

A strategy for answering calls for service in which response time is adapted to the seriousness of the call.

incapacitation

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.

electronic monitoring

A supervision technique in which the offender's whereabouts are kept under surveillance by an electronic device

Bureaucracy

A system of managing government through departments run by appointed officials

deprivation model

A theory that inmate aggression is the result of the frustration inmates feel at being deprived of freedom, consumer goods, sex, and other staples of life outside the institution.

Jury trial

A trial before a judge and jury

Bench trial

A trial conducted without a jury, in which a judge makes the determination of the defendants guilt or innocence

new-generation jail

A type of jail that is distinguished architecturally from its predecessors by a design that encourages interaction between inmates and jailers and that offers greater opportunities for treatment.

What is the required training for policemen?

Academy training: classroom learning and practical learning Field training: completes a certain number of hours in the field with a more experienced officer

false confession

Admission of guilt by an innocent person

Part II Offenses

All crimes recorded by the FBI that do not fall into the category of Part I offenses. These crimes include both misdemeanors and felonies.

Initial appearance

An accused's first appearance before a judge or magistrate following arrest

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.

intelligence-led policing

An approach to policing, in conjunction with concerns about homeland security, that emphasizes gathering and analyzing information to be shared among agencies in order to develop cooperative efforts to identify, prevent, and solve problems.

restorative justice

An approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act.

diversion

An effort to keep offenders out of prison or jail by diverting them into programs that promote treatment and rehabilitation rather than punishment

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

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

Alien charge

An instruction by a judge to a deadlocked jury that asks the jurors in the minority to reconsider the majority opinion.

presentence investigation report

An investigative report on an offender's background that assists a judge in determining the proper sentence.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

habeas corpus

An order to produce an arrested person before a judge.

aggravating circumstances

Any circumstances accompanying the commission of a crime that may justify a harsher sentence.

mitigating circumstances

Any circumstances accompanying the commission of a crime that may justify a lighter sentence.

Civil rights violation

Any interference with a citizen's constitutional rights by a civil servant such as a police officer.

In all federal courts judges are nominated by the president and confirmed by the senate. How does the selection of state court judges vary?

Appointment Election(partisan and nonpartisan) Merit selection process (missouri plan) (Combination of appointment and election)

proactive arrests

Arrests that occur as a result of a police initiative to focus on a narrow set of high-risk targets.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Graham v. Conner

Court realized that policemen must make split second decisions without worrying about the legal ramifications by suggesting that an officer's use of force can be reasonable even if by objective measures the force was not needed People believe that this allows for racist shootings

In the courtroom work group, who is responsible for maintaining security and order in the judge's chambers and in the courtroom?​

Bailiff

What are the main differences between municipal/local police departments and sheriffs' departments?

Both are local agencies but "Sheriffs' departments are more likely to be involved in county court and jail operations" and "to perform search and rescue." Municipal/local police departments perform more traffic-related functions.

What are police organizations based on?

Bureaucracy A hierarchically structured administrative organization that carries out specific functions Goal is to reach maximum efficiency Best service with limited resources like staff and budget Top down chain of command Clear rank structure and strict accountability Delegation of authority as personnel take orders from and are responsible to those in positions of power directly above them

Subject matter with respect to jurisdiction

Can be general or limited

Strict Liability Crimes

Certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act.

In the courtroom work group, who is responsible for maintaining the large amount of paperwork generated during a trial, including transcripts, photographs, evidence, and any other records?​

Clerk of court

In the courtroom work group, who is responsible for recording every word that is said during the course of trial?​

Court reporter

Geographic location with respect to jurisdiction

Court's authority within a geographic territory Concurrent jurisdiction (two court systems have simultaneous jurisdiction over the same case)

Attorney client priviledge

Communication between defense attorneys and their clients must be kept confidential unless the client consents to disclosure ( This privilege extends to criminal confessions)

RIse of CompStat

Computerized mapping launched in New York Meetings are held to evaluate the data Provides police with information about pattens of crime and gives them the ability to dispatch needed officers to the hot spots

The situation that occurs when two or more courts have the authority to preside over the same criminal case is called ____________ jurisdiction.​

Concurrent

Inchoate Offenses

Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.

what are the two most common crime models?

Consensus and Conflict

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

private prisons

Correctional facilities operated by private corporations instead of the government and, therefore, reliant on profits for survival.

Courtroom work group

Courtroom work group includes the judge, prosecutor, defensive attorney, bailiff of the court, the clerk of the court, and court reporter ( a cooperative unit with shared values and methods that help the group work efficiently The prosecutor may be referred to as the following, depending on the level of government and state: Federal level is attorney general State level is state's attorney, state prosecutor, district attorney, county attorney, city attorney

Trial courts

Courts in which most cases begin and in which questions of fact are examined

The function of the courts emphasizes punishment and retribution.​

Crime control

What is high tech crime?

Crimes directly related to the increased use of computers and technology by society such as soliciting minors, selling pornos, and defrauding consumers through bs investments

part I offenses

Crimes reported annually by the FBI in its Uniform Crime Report. Part I offenses include murder, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft.

What is the standard/burden of proof in a criminal case? How about a civil case? Which is harder to prove?

Criminal is harder to prove For criminal trial, the innocent must be proven to be guilty beyond a reasonable doubt For civil trial, the burden is a preponderance (significantly more on their side) of the evidence

Courtroom work group attorneys

Defense attorney ( ensures that the government proves every point against their client beyond a reasonable doubt and provides a counterweight against the state in our adversarial system) Every defendant is constitutionally entitled to a defense attorney if facing imprisonment Two types of defense attorneys: Private attorneys that are hired by individuals Public defenders who work for the government

acquittal

a judgment that a person is not guilty of the crime with which the person has been charged.

What is true regarding the need for discretion in formal and informal criminal justice processes?

Discretion is necessary in both the informal and formal criminal justice processes

Constitutional guarantees, such as the right to counsel, the right to a jury trial, and protection from self-incrimination, are part of which function?​

Due process

What is the social function of the law?

If criminal laws against acts that case harm or injury to others are almost universally accepted, the same cannot be said for laws that criminalize "morally" wrongful activities that may do no obvious, physical harm outside the families of those involved. Why criminalize gambling or prostitution if the participants are consenting? This all falls under expressing public morality and local values

The authority to hear a particular case is known as a court's __________​

jurisdiction

partisan elections

Elections in which candidates are affiliated with and receive support from political parties.

What are the responsibilities of an officer?

Enforce laws Provide services Prevent crime Preserve the peace

relevant evidence

Evidence tending to make a fact in question more or less probable than it would be without the evidence. Only relevant evidence is admissible in court

direct evidence

Evidence that establishes the existence of a fact that is in question without relying on inference.

Fruit of the Poisoned Tree

Evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court.

real evidence

Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury.

Federal and state courts have limited jurisdiction

Federal courts preside over cases involving violations of state law State courts preside over cases involving violations of state law In cases of concurrent jurisdiction, federal courts generally take precedence

What is the name of the power-sharing system of government adopted by the united states in which individual states are permitted to enact laws that reflect the values of their inhabitants?

Federalism

What is felony-murder legislation?

Felony-Murder Rule A Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.

The Supreme Court unanimously held that "any person brought to court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." This case was:

Gideon v. Wainwright.

What are the two categories of criminal harm?

Harms to individual citizens physical safety or property such as the harm caused by murder, theft, or arson Harms to society's interests collectively, such as the harm caused by unsafe foods or consumer products, a polluted environment or poorly constructed buildings

Trial courts

Have original jurisdiction Are concerned with questions of fact and designed to determine someone's guilt or innocence

Reasonable suspicion:

In Terry v. Ohio (1968) the court ruled that when police have reasonable suspicion that a suspect is armed and dangerous, stop and frisks are permissible

The power to "speak the law" refers to

jurisdiction

circumstantial evidence

Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question.

public prosecutor

Individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.

sex offender notification law

Legislation that requires law enforcement authorities to notify people when convicted sex offenders are released into their neighborhood or community.

Responsibilities of Defense attorney

Investigate the incident for which the defendant was charged Communicate with the prosecutor, including negotiating plea bargains Prepare the case for trial Submit defense motions, including motions to suppress evidence Represent the defendant at trial Negotiate a sentence, if the client has been convicted Determine whether to appeal a guilty verdict

What did Philadelphia do in 1833?

It became the first city to hire both day and night watchmen

What is not true of the consensus model?

It holds that criminal law should be determined by those with influence in the community

What is true about the conflict model?

It holds that criminal law should be determined by those with influence in the community

What is the difference between jails and prisons?

Jails hold those convicted of minor crimes with short sentences Prisons hold those convicted of more serious crimes

truth-in-sentencing laws

Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced.

Case Law

Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

Testing random patrol

Kansas city preventive patrol experiment in the 1970s found that preventive patrol had no impact Random patrols are important for maintaining community relations

Reasons for low levels of women in police departments

Lack of women in high-ranked positions to provide mentorship Tokenism Having to prove themselves against men

Local law enforcement

Municipal law enforcement agencies: Have the broadcast authority to apprehend suspects, maintain order, and provide services to the community

What level of law enforcement shares responsibilities between counties and municipalities?

Local

What are the types of public law enforcement?

Local law enforcement State law enforcement Federal law enforcement

Local, state, and federal law enforcement

Local(split between counties and municipalities) State(state police highway patrol and fire marshals) Federal often works in cooperation with other two types and operates all over U.S.

Problem-solving courts

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.

Typical system

Lower courts: Includes magistrate courts(Magistrates have limited judicial authority within a particular geographic area) Problem-solving courts(have jurisdiction over one specific area of criminal activity such as drugs and domestic violence Trial courts of general jurisdiction( can be called county, district, circuit, superior depending on jurisdiction appellate courts ( about three-quarters of all states have intermediate appellate courts) The state's highest court, generally the state supreme court

The power of the law is known as:

jurisdiction.

What is the modern era of policing of?

Many believe that 9/11 was the end of the community era and beginning of modern Intelligence-Led policing Militarization of police emphasis shifted to new areas of expertise such as counterterrorism and surveillance through technology

Which cases reach the supreme court?

No right to appeal to the supreme court Thousands of cases are filed with the supreme court each year When the supreme court agrees to hear a case, they issue a writ of certiorari The court will not issue a writ unless at least four of the justices approve it (known as the rule of four)

Calls for service (police strategy)

Operational basis of police work is incident-driven (reactive approach that emphasizes a speedy response to calls for service) Response time and efficiency (time elapsed between the call for service and when the police arrive) Improving response time efficiency (introduction of 311 nonemergency call system and differential response) 911 technology (CAD systems, next generation, apps)

Written statements by the judges expressing the reasons for the court's decision in a case are commonly known as

Opinions

Structure of police departments

Organization influenced by environment: Jurisdiction size, types of crime, population demographics Organizing by time and area Law enforcement in the fiekd: Efficient organization of field services as well as patrol, investigations, and special operations

prison programs

Organized activities for inmates that are designed to improve their physical and mental health, provide them with vocational skills, or simply keep them busy while incarcerated.

In ________ elections a judicial candidate declares allegiance to a political party.​

Partisan

Police on patrol

Patrol is one of the main functions of police Every department has a patrol unit Usually the largest division of the department 7-10 percent of police public contracts are with mentally ill

Problem oriented policing

Philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity Attempt to control or even solve the root causes of criminal behavior Encourages police officers to stop looking at their work as day to day proposition Additional police action should be taken to prevent future crime

The dangers of police work

Physical: police come into contact with people 40 million times per year however they have relatively low death rates and injury rates Stress and mental: police stressors (aspects of police work and life that lead to feelings of stress) Consequences of police stress: PTSD and burnout which is a mental state that occurs when a person suffers from exhaustion and has the difficulty functioning normally as a result of overwork and stress

Miranda warning is not required when:

Police asks suspects non-testimonial questions Police question witnesses at a crime scene and are not focused on a suspect A person volunteers information before asked The suspect gives a private statement During a stop and frisk, when no arrest was made During a traffic stop Extra note: Suspects can waive miranda rights, and videotaping interrogations is mandatory

Tenesee v. Garner

Police can only use a reasonable amount of force to accomplish their legal duties This happened when a policemen shot Garner who was running away, and the court said that's not okay so long as they're not a threat

What were the four historical eras of american policing?

Political era Reform era Community era Modern era

civil liability

Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit.

What are the four police activities? which takes up the most time?

Preventive patrol: maintain presence in community (40% of patrol time) Calls for service: responding to calls(25% of patrol time) Administrative duties: paperwork (20% of patrol time) Officer-initiated activities: Officer-initiated interactions with citizens(15% of patrol time)

what the most common form of sentencing/punishment is for crime

probation

What is the difference between procedural and substantive due process?

Procedural due process looks at how the law is implemented and enforced. Substantive due process requires the government to make sure that laws do not have an unfair impact on people, while procedural due process requires the government to follow fair procedures to ensure that the law applies equally to everyone.

consent searches

Searches by police that are made after the subject of the search has agreed to the action. In these situations, consent, if given of free will, validates a warrantless search.

probable cause

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

In the role of __________, the judge is responsible for seeing that the trial unfolds according to the dictates of the law and that the participants in the trial do not overstep any legal or ethical bounds.

Referee

The major shortcoming of the professional model of policing was what?

Relations with the community suffered

mandatory release

Release from prison that occurs when an offender has served the full length of his or her sentence, minus any adjustments for good time.

What is done in community policing?

Return to the community: Promotes community partnerships, proactive problem solving, and community engagement Collaborative reform: partnerships with local leaders and good will in the bank for times of crisis

Appellate courts

Review decisions made by courts of original jurisdiction Concerned with questions of law and only make judgements on questions of procedure Judges issue opinions

What are the three components of routine activities theory? Know an example of each component.

Routine activities theory is a theory of criminology that for a crime to occur, three elements must be present: (1) a person motivated to commit the offense (2) a vulnerable victim who is available (3) insufficient protection to prevent the crime. Therefore, if a target is not protected enough, and if the reward is worth it, crime will happen. THINK OF EXAMPLES FOR EACH ONE

The U.S. Supreme Court will not issue a writ of certiorari unless at least four justices approve it; this is known as the ________.

Rule of four

procedural criminal law

Rules that define the manner in which the rights and duties of individuals may be enforced.

Attendant Circumstances

The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime.

dissenting opinions

Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case

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

Totality of the circumstances

Since the Terry case, the courts have decided that officers can now use this test to determine reasonable suspicion

What are the core concerns of crime and law enforcement?

Smarter policing with crime mapping and proactive policing Continuing challenges like gun violence and mass shootings Police use of force

parole guidelines

Standards that are used in the parole process to measure the risk that a potential parolee will recidivate.

State law enforcement

State police and Highway patrols: Assist local agencies, investigate crimes that cross jurisdictional boundaries, and provide law enforcement in rural communities

mandatory sentencing guidelines

Statutorily determined punishments that must be applied to those who are convicted of specific crimes.

Private security

Subject to no federal regulations, but each state must set regulations within their own borders Primary responsibility is to deter crimes Most states require very little training for private security, and they do not tend to have police powers

work release program

Temporary release of convicts from prison for purposes of employment. The offenders may spend their days on the job, but must return to the correctional facility at night and during the weekend.

The united states supreme court and use of force two cases

Tenesee v. Garner (1985) graham v. Conner (1989)

Rehabilitation

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern.

Be familiar with these particular sources: UCR, NIBRS, and the NCVS.

The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention" The National Incident Based Reporting System (NIBRS) is an incident-based reporting system for crimes known to the police. For each crime incident coming to the attention of law enforcement, a variety of data are collected about the incident. The National Crime Victimization Survey (NCVS) is an annual data collection conducted by the U.S. Census Bureau for the Bureau of Justice Statistics (BJS). Each year, data are obtained from a nationally representative sample of about 240,000 interviews on criminal victimization, involving 160,000 unique persons in about 95, 000 households. The NCVS was designed with four primary objectives: (1) to develop detailed information about the victims and consequences of crime, (2) to estimate the number and types of crimes not reported to the police, (3) to provide uniform measures of selected types of crimes, and (4) to permit comparisons over time and types of areas.

What is the main goal/responsibility of the Department of Justice?

The United States Department of Justice (DOJ), also known as the Justice Department, is a Cabinet-level department in the executive branch of the U.S. federal government. The Justice Department is responsible for enforcing the laws enacted by Congress, administration of the U.S. justice system, and ensuring that the civil and constitutional rights of all Americans are upheld.

"Real Offense"

The actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain.

opening statements

The attorneys' statements to the jury at the beginning of the trial

Jurisdiction

The authority of a court to hear and decide cases It is set by law Limited by geographic location and subject matter

retribution

The philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered.

Identifiable human needs

The basic human necessities that correctional facilities are required by the Constitution to provide to inmates.

Civil Liberties

The basic rights and freedoms for American citizens guaranteed by the U.S. Constitution, particularly in the Bill of Rights

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Statutory Law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

attorney general

The chief law officer of a state; also, the chief law officer of the nation.

Two common models of how society decides which acts are criminal are what?

The consensus model and the conflict model

wrongful conviction

The conviction, either by verdict or by guilty plea, of a person who is factually innocent of the charges

Judicial review

The power of the courts to declare laws unconstitutional

civil confinement

The practice of confining individuals against their will if they present a danger to the community.

release on recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

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.

double marginality

The double suspicion that minority law enforcement officers face from their while colleagues and from members of the minority community to which they belong

Four functions of the court

The due process function (Protect individual rights) The crime control function (punishment and repression of criminal conduct) The rehabilitation function (provide treatment to offenders, when appropriate) The bureaucratic function (tasks associated with processing cases; focus on speed and efficiency

What are the six elements of a crime?

The elements of a crime are criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances. Only crimes that specify a bad result have the elements of causation and harm.

direct examination

The examination of a witness by the attorney who calls the witness to the stand to testify

desistance

The process through which criminal actively decreases and reintegration into society increases over a period of time

Information

The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause

grand jury

The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged.

Custodial Interrogation

The questioning of a suspect after that person has been taken into custody. In this situation, the suspect must be read his or her Miranda rights before interrogation can begin.

cross-examination

The questioning of an opposing witness during a trial.

The four elements that must be present for an arrest to take place

The intent to arrest The authority to arrest Seizure or detention The understanding of the person that they have been arrested

inevitable discovery exception

The legal principle that illegally obtained evidence can be admissible in court if police using lawful means would have "inevitably" discovered it.

searches and seizures

The legal term, as found in the Fourth Amendment to the U.S. Constitution, that generally refers to the searching for and confiscating of evidence by law enforcement agent.

master jury list

The list of citizens in a court's district from which a jury can be selected; compiled from voter-registration lists, driver's license lists, and other sources.

discretionary release

The release of an inmate into a community supervision program at the discretion of the parole board within limits set by state or federal law

Arrests without a warrant

The offense is committed in the presence of the officer The officer has probable cause to belive the crime was committed by a suspect The time lost in obtaining a warrant would allow the suspect to escape or destroy evidence and the officer has probable cause to make an arrest

time served

The period of time a person denied bail (or unable to pay it) has spent in jail prior to his or her trial.

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

dual court system

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level

secondary policing

The situation in which a police officer accepts off-duty employment from a private company or government agency

Concurrent jurisdiction

The situation that occurs when two or more courts have the authority to preside over the same criminal case

deliberate indifference

The standard for establishing a violation of an inmate's Eighth Amendment rights, requiring that prison officials were aware of harmful conditions in a correctional institution and failed to take steps to remedy those conditions.

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.

furlough

The temporary release of an inmate from a correctional institution for a brief period, usually one to three days, for a visit home. Such programs help maintain family ties and prepare inmates for release on parole.

What is the difference between sociological theories and social process theories?

The textbook states that theories like social disorganization theory and strain theory are sociological theories and explains how these differ from social process theories but the biggest take-away is social disorganization and strain theories are focused on bad neighborhoods and economic disadvantages while social process theories are focused more on how individuals interact with their environment as explanations for crime.

Learning Theory

The theory that delinquents and criminals must be taught both the practical and the emotional skills necessary to participate in illegal activity.

relative deprivation

The theory that inmate aggression is caused when freedoms and services that the inmate has come to accept as normal are decreased or eliminated.

In regard to the first question of the study guide, the second asks "what does each one assume about who determines which acts are criminal?" (Very confusing)

The two most common models of how society decides which acts are criminal, include the consensus model and the conflict model. The consensus model assumes that people in society generally have shared values and norms and anything that falls outside of those shared norms poses a threat to society as a whole. Laws are then created as a way to set boundaries between acceptable and unacceptable behavior. So the answer here is society as a whole. The conflict model argues that people in society generally do not share similar ideas about morality and criminality (think about issues like abortion and immigration). And this model suggests that those who have the most power (based on class, race, gender) and influence on criminal laws are able to impose their beliefs and values on the rest of the community. So this answer is those in power.

hands-off doctrine

The unwritten judicial policy that favors noninterference by the courts in the administration of prisons and jails.

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

capital punishment

The use of the death penalty to punish wrongdoers for certain crimes.

Oral arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons why the court should rule in his or her client's favor

What does dual court system mean?

There is a federal court that is for federal crimes, and there is a state court for each state that is charged with a violation of state law

What is the main benefit to the community in the use of body cameras by police?

To monitor police dealings with the public

According to trait theories, what causes crime?

Trait theories appear more suited for explaining the causes of violent crime, whereas choice theories are more appropriate to property crimes or economic crimes. Trait Theories Trait theories posit that crime is caused by certain traits, biological or psychological, among individuals which predispose them to crime.

What are the six basic categories of criminal behavior in american law?

Violent crime Property crime Public order crime White-collar crime Organized crime High-tech crime

due process model

a criminal justice model that places primacy on the right of the individual to be protected from the power of the government

crime control model

a criminal justice model that places primary emphasis on the right of society to be protected from crime and violent criminals

What are the basic requirements for being a policeman?

U.S. Citizen no felony convictions have a driver's license Be at least 21 yrs old meet weight and eyesight requirements background checks physical and psychological fitness tests at least a high school diploma and in some cases, degree from a 2 year college

Federal law enforcement

U.S. Costal guard, U.S. Postal inspectors, Department of Homeland Security, U.S. Department of Justice, U.S. Department of the Treasury, and several others: Deal with all forms of crime, enforce specific laws, and attend to specific situations

The lowest tier of the federal court system is the ___________​

U.S. District Court

Federal court system's three tiered model

U.S. District court: where most violations of federal law are first adjudicated Us court of. appeals: Reviews cases for errors of procedure US supreme court: Highest court in the land

The court of final resort in the United States is the __________.

U.S. Supreme Court

Be familiar with the definitions of these terms: Murder, Sexual assault (rape), Assault, Battery, Robbery, Larceny, Burglary, Motor Vehicle Theft, and Arson. Know which of the above crimes classify as violent crimes and which classify as property crimes.

Violent: assault, battery, murder, and sexual assault Property: Robbery, Larceny, Burglary, Motor Vehicle Theft, and Arson

peremptory challenge

Voir dire challenges to exclude potential jurors from serving on the jury without any supporting reason or cause.

Authority and use of force

Use of force in law enforcement: the use of force is rare and occurs only in 1.6% of police-public encounters Use of force matrix presents officers with the proper force options for different levels of contact

Prosecutors have discretion when it comes to:

Whether a suspect will be charged with a crime The level of charges to be broguht against the suspect If and when to stop the prosecution

parole board

a body of appointed civilians that decides whether a convict should be granted conditional release before the end of his or her sentence

stop

a brief detention of a person by law enforcement agents for questioning

bail bond agent

a businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered

clearance rate

a comparison of the number of crimes cleared by arrest and prosecution with the number of crimes reported during any given time period

supermax prison

a correctional facility reserved for those inmates who have extensive records of misconduct

justice reinvestment

a corrections policy that promotes a reduction in spending on prisons and jails and reinvestment of the resulting savings into programs that decrease crime and reduce reoffending

parole contract

an agreement between the state and the offender that establishes the conditions of parole

warrantless arrest

an arrest made without first seeking a warrant for the action

penitentiary

an early form of correctional facility that emphasized separating inmates from society and from each other

Irresistible Impulse Test

an insanity test that determines whether a defendant, as a result of a mental disease, temporarily lost self control or the ability to reason sufficiently to prevent the crime

total institution

an institution in which one is totally immersed and that controls all the basics of day-to-day life; no barriers exist between the usual spheres of daily life, and all activity occurs in the same place and under the same single authority

hearsay

an oral or written statement made by an out-of-court speaker that is later offered in court by a witness (not the speaker) concerning a matter before the court

evidence

anything that is used to prove the existence or nonexistence of a fact

Which of the following courts is primarily a "reviewer" of decisions?

appellate courts

evidence-based practices

approaches or strategies that have been extensively researched and shown consistently to produce the desired outcomes

closing arguments

arguments made by each side's attorney after the cases for the plaintiff and defendant have been presented

Reactive Arrests

arrests that come about as part of the ordinary routine of police patrol and responses to calls for service

pretextual stops

as long as an officer has probable cause to believe that a traffic law has been broken, the true motivation for the stop is irrelevant

The ____ is the chief law officer of a state and also the chief law officer of the nation.

attorney general

public defender

attorney who works for the state and defends people who cannot afford a private attorney

The _______ is responsible for maintaining security and order in the judge's chambers and the courtroom.

bailiff

The smallest stretch of area that a police officer or group of police officers regularly patrols is referred to as a

beat

public order crime

behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms

A hierarchically structured administrative organization that carries out specific functions is a

bureaucracy

The ____________ function of the court is concerned with speed and efficiency.

bureaucratic

What happened by the civil war?

by then, many cities had police departments modeled on the metropolitan police of london

14th amendment

cannot be deprived of life, liberty, or property without due process

What two categories can all law be divided into?

civil and criminal

A ____ opinion is a separate opinion prepared by judges who support the decision of the majority of the court but who want to express their own particular reasoning.

concurring

A___________________opinion is a separate opinion prepared by judges who support the decision of the majority of the court but who want to express their own particular reasoning.

concurring

Consensus model vs conflict model

consensus is everyone agrees even diverse groups (basically machiavelli, and conflict is that people do not share the same ideals, and laws are decided by those who have political power

Judges can grant a _________ to the attorneys, which is additional time to prepare for the trial.

continuance

Which courts handle misdemeanors and some civil matters?

courts of limited jurisdiction

Courts who handle misdemeanors and some civil matters are referred to as _____​

courts of limited jurisdiction.

apellate courts

courts that review decisions made by lower courts such as trial courts; also known as courts of appeals

What are the two models of criminal justice?

crime control and due process

Most arrests in the USA are for what?

crimes of disorder

What is property crime?

crimes of economic gain or property damage

The primary responsibility of the ____ is to represent the defendant at various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment.

defense attorney

Appellate courts _____________​

determine questions of law.

What is the difference between crime and deviance?

deviant acts are not necessarily crime

are separate opinions in which the judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case.

dissenting opinions

Each courtroom has a _______, or calendar of upcoming cases.

docket

The list of cases entered on a court's calendar to be subsequently heard in that particular court is known as the court's ____________​

docket.

is the separate but interrelated court system of the United States, made up of the courts at the national level and the individual court systems housed at the state level.​

dual court system

The ____________ function of the court is concerned with protecting the rights of individual citizens against the power of the state.

due process

What are examples of justice defenses?

duress self-defense necessity entrapment

nonpartisan elections

elections in which candidates are not identified by party membership on the ballot

rebuttal

evidence given to counteract or disprove evidence presented by the opposing party

is the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction's criminal law to the second jurisdiction.

extradition

Alaska is the only U.S. state that does not have one court of appeals (known as an appellate, or reviewing, court).​

f

As most cases are decided through plea bargains rather than through trial proceedings, the judge often offers his or her services as a negotiator to help the prosecution and the defense "make a deal."​

f

__________ court judges-including the justices of the Supreme Court-are appointed by the president of the United States, and are subject to the approval of the Senate.​

federal

discovery

formal investigation by each side prior to trial

what did boston do in 1838?

formed the first organized police department

sixth amendment

guarantees a speedy and public trial by a jury, the right to confront a witness, and the right to counsel

The Weems Standard

he notion of evolving standards as a basis to view historically accepted punishments as no longer acceptable in modern society pg 283

determinate sentencing

imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials

indeterminate sentencing

imposition of a sentence that prescribes a range of years rather than a definite period of years to be served

What was the community era of?

improving community relations because of civil unrest and poor relations between policemen and african americans

The court's legitimacy is based on two factors: impartiality and ________​

independence

pretrial detanees

individuals who cannot post bail after arrest and are therefore forced to spend the time prior to their trial incarcerated in jail

What are examples of excuse defenses?

insanity intoxication mistake

What is the legal function of the law?

it is to maintain social order by protecting citizens from criminal harm. this term refers to a variety of harms that can be generalized to fit into two categories

During the pretrial, the ____ takes on the role of the referee.

judge

The _______ is the dominant figure in the courtroom and therefore exerts the most influence over the values and norms of the work group.

judge

substantive criminal law

law that defines acts that are subject to punishment and specifies the punishments for such offenses

sentencing guidelines

legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes

are public civil officers or officials with limited judicial authority within a particular geographic area.

magistrates

restitution

monetary compensation for damages done to the victim by the offender's criminal act

At the present time, there are ___________ federal district courts in the United States.

ninety-four

The UCR attempts to measure the overall rate of crime in the US by organizing what?

offenses known to law enforcement

Statements in which judges express the reasons for the court's decision in a case are:

opinions.

The Supreme Court does not normally hear any evidence; instead it bases its decision on the written record of the case and ___________, which are the arguments presented in person rather than on paper.

oral arguments

An election where a political party, such as the Republicans or Democrats, openly support a candidate for a judgeship is known as a(n):

partisan election.

sources of probable cause

personal observation (personal training, experience, and expertise) Information(received from victims, eyewitnesses, etc. must be believed to be reliable) Evidence (police can derive probable cause based on evidence in plain view Association (known criminal in place where criminal activity is openly taking place, generally not adequate to establish probable)

mitigating circumstances pg

pg 285

deterrance theory

philosophy of criminal justice arising from the notion that crime results from a rational calculation of its costs and benefits

Because of a mental disease or defect, Joe did not consider the physical nature or consequences of his conduct, and was able to do what?

plead insanity

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person, are established by __________​

probable cause.

intermediate sanction

sanctions that are more restrictive than probation and less restrictive than imprisonment

searches incidental to arrests

searches for weapons and evidence that are conducted on persons who have just been arrested

Probation

serves sentence in community under supervision of a probation officer

exigent circumstances

situations that require extralegal or exceptional actions by the police

True or false: Criminal law is concerned with what harm whereas civil law is concerned with what harm

social then personal

Drug courts, juvenile courts, domestic courts, and elder courts are all examples of:

specialty courts.

Many states have created_________, which retain jurisdiction over very narrowly defined areas of criminal justice including drugs, veterans' matters, and juvenile violations.

specialty/problem-solving courts

habitual offender laws

statutes that require lengthy prison sentences for those who are convicted of multiple felonies

An appellate court will rarely question a jury's decision; instead, the appellate judges will review the manner in which the facts and evidence were provided to the jury, and rule on whether errors were made in the process.​

t

As most cases are decided through plea bargains rather than through trial proceedings, the judge often offers his or her services as a negotiator to help the prosecution and the defense "make a deal."​

t

Which amendment provides for the right to counsel?

the Sixth Amendment

burglary

the act of breaking into or entering a structure (such as a hoe or office) without permission for the purpose of committing a felony

robbery

the act of taking property from another person through force, threat of force, or intimidation

domestic violence

the act of willful neglect or physical violence that occurs within a familial or other intimate relationship

delegation of authority

the assignment of direct authority and responsibility to a subordinate to complete tasks for which the manager is normally responsible

strain theory

the assumption that crime is the result of frustration felt by individuals who cannot reach their financial and personal goals through legitimate means

Jurisdiction definition

the authority of a court to hear and decide cases within an area of the law or a geographic territory

What concept holds that criminal law is shaped by the communal values of a society and is designed to set the boundaries for acceptable behavior within that society?

the consensus model

miranda rights

the constitutional rights of accused persons taken into custody by law enforcement officials, such as the right to remain silent and the right to counsel.

verdict

the decision of a jury

interrogation

the direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession

custody

the forceful detention of a person, or the perception that a person is not free to leave the immediate vicinity

seizure

the forcible taking of a person or property in response to a violation of the law

revocation

the formal process that follows the failure of a probationer or parolee to comply with the terms of his or her probation or parole, often resulting in the probationer's or parolee's incarceration

venire

the group of citizens from which the jury is selected

Mens Rea

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

sequestration

the isolation of jury members during a trial to ensure that their judgement is not tainted by information other than what is provided in the courtroom

charge

the judge's instructions to the jury following the attorneys' closing arguments

plain view doctrine

the legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence.

caseload

the number of individual probationers or parolees under the supervision of a probation or parole officer

confrontation clause

the part of the sixth amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial

What was the political era of?

the patronage system

prison segregation

the practice of separating inmates based on a certain characteristic, such as ethnicity or race

racial profiling

the practice of targeting people for police action based solely on their race, ethnicity, or national origin.

Rule of Law

the principle that the rules of a legal system apply equally to all persons, institutions, and entities- publics or private- that make up a society

the bifurcated process

the procedure of separating adjudicatory and dispositionary hearings so different levels of evidence can be heard at each

Extradition

the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction's criminal law to the second jurisdiction

search

the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial

forfeiture

the process by which the government seizes private property attached to criminal activity

appeal

the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing this decision

classification

the process through which prison officials determine which correctional facility is best suited to the individual offender

case attrition

the process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted

What was the reform era of?

the professional model

expiration release

the release of an inmate from prison at the end of his or her sentence without any further correctional supervision

courtroom work group

the social organization consisting of the judge, prosecutor, defense attorney, and other court workers

Prisonization

the socialization process through which a new inmate learns the accepted norms and values of the prison culture

Deferrence

the strategy of preventing crime through the threat of punishment

social disorganization theory

the theory that deviant behavior is more likely communities were social institutions such as the family schools, and the criminal justice system fail to exert control over the population

Electronic Surveillance

the use of electronic equipment by law enforcement agents to record private conversations or observe conduct that is meant to be private

coercion

the use of physical force or mental intimidation to compel a person to do something- such as confess to committing a crime- against her or his will.

How is theft different than robbery?

theft is simply stealing, and robbery is threatening someone to talk their property. Simply put, theft is the general term that robbery and larceny fall under

What is informal criminal justice about?

unlike formal criminal justice that has due process and whatnot, informal is purely based on discretion

The reasoning behind the warrantless search of cars is that ___________

vehicles are movable and could drive away before the officer could obtain a warrant.

testimony

verbal evidence given by witnesses under oath

Which of the following is NOT a decision made by appellate court judges?

whether there should be a retrial or additional charges

The U.S. Supreme Court orders a lower court to send it the record of a case for review. This is done with a:

writ of certiorari.

opinions

written statements by appellate judges expressing reasons for the court's decision in a case

​The __________ is the chief law officer of any state.

​attorney general

The __________________ of the court is based on the medical model.

​rehabilitative function

The Fourth Amendment contains two critical legal concepts: a prohibition against unreasonable searches and seizures and ___________

​requirement of probable cause to make an arrest.

Attorney-client privilege does not apply when _____________​

​the client provides information on a crime that he or she plans to commit.

​Almost every case begins in a:

​trial court.

The principles of _________________ states that crimes, such as genocide, can be prosecuted by any nation having custody of the wrongdoer.

​universal jurisdiction

If the U.S. Supreme Court orders a lower court to send it the record of a case for official review, a(n) _____________ is issued to the lower court to officially notify that court of its intent to review.​

​writ of certiorari.