Intro to Criminal Justice Test #2

Patronage System

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

Bureaucracy

A hierarchically structured administrative organization that carries out specific functions.

Confidential Informant (CI)

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

Response Time

A measurement of police efficiency based on the rapidity which which calls for service are answered.

Blue Curtain

A metaphorical term used to refer to the value placed on secrecy and the general mistrust of the outside world shared by many police officers.

A Frisk

A pat-down or minimal search by police to discover weapons; conducted fro the express purpose of protecting the officer or other citizens, and not to find evidence of illegal substances for use in a trial.

Community Policing

A policing philosophy that emphasizes community support for and cooperation with the police in preventing crime. Community policing stresses a police role that is less centralized and more proactive than reform-era policing strategies.

Problem-Solving Policing

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

Incident-Driven Policing

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

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.

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.

Coroner

The medical examiner of a county, usually elected by popular vote.

Duty

The moral sense of a police officer that she or he should apply authority in a certain manner.

When a Miranda Warning is not Required

1. During a traffic stop 2. During a stop and frisk, when no arrest has been made 3. When the suspect has given a private statement to a friend or some other acquaintance 4. When a person volunteers information before the police have asked a question 5. When the police have not focused on a suspect and are questioning witnesses at the scene of a crime 6. When the police do not ask the suspect any questions that are testimonial in nature.

List the four categories of items that can be seized by use of a search warrant

1. Items that resulted from the crime, such as stolen goods. 2 Items that are inherently illegal for anybody to possess (with certain exceptions), such as narcotics and counterfeit currency 3. Items that can be called "evidence" of the crime, such as a bloodstained sneaker or a ski mask 4. Items used in committing the crime, such as an ice pick or a printing press used to make counterfeit bills.

What are the four basic responsibilities of the police?

1. To assist local police agencies, which often did not have adequate resources or training to handle their law enforcement tasks 2. To investigate criminal activities that crossed jurisdictional boundaries (such as when bank robbers committed a crime in one country and then fled to another part of the state) 3. To provide law enforcement in rural and other areas that did not have local or county police agencies 4. To break strikes and control labor movements.

What are the four basic responsibilities of the police?

1. To enforce laws. 2 to provide services 3. to prevent crime 4. to preserve the peace

A Stop

A brief detention of a person by law enforcement agents for questioning. The agents must have a reasonable suspicion of the person before making a stop.

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.

Internal Affairs Unit (IAU)

A division within a police department that receives and investigates complaints of wrongdoing by police officers.

Exclusionary Rule

A rule under which an evidence that is obtained in violation of the accused's rights under the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.

Differential Response

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

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 though regulations and guidelines.

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.

What is an ethical dilemma?

As a situation in which law enforcement officers: do not know the right course of action, have difficulty doing what they consider to be right; and/or find the wrong choice very tempting.

Arrest with a warrant

Based on probable cause and signed by a judge or magistrate. Contains name of person to be arrested and suspected crime committed. Officers must knock and announce unless exigent circumstances exist

Community Era (1970-present)

Began with government initiatives that took place in 1968. Omnibus Crime Control and Safe Streets Act. Police Administrators sought to improve community regulations while using aggressive and innovative crime-fighting strategies.

What are the three traditional forms of police corruption?

Bribery, Shakedowns, and Mooching.

Warrant-less Arrest

Can be made when: Crime committed in officer's presence. Officer has knowledge that a crime has been committed and probable cause to believe the crime was committed by a particular person.

Hot Spots

Concentrated areas of high criminal activity that draw a directed police response.

Political Era (1840-1930)

Corruption was rampant. Police salaries were low. AKA the patronage system or spoils system

Name the four categories of ethical dilemmas typically facing a police officer?

Discretion, Duty, Honesty and Loyalty.

Search Warrant

Must include information showing probable cause that a crime has been or will be committed and specific details about the place to be search and items to be seized.

Responsibilities of the police

Enforcing Laws, Preventing Crime, Providing Services and Preserving the Police

Fruit of the Poisoned Tree

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

Deadly Force

Force applied by a police officer that is likely or intended to cause death.

Searches without a warrant

Hot pursuit, Incident to arrest (weapons & evidence) Chimel v. California, Border areas, Consent (voluntary & without treatment), Automobiles, Plain view.

What are some of the benefits of a culturally diverse police force?

Improved community relations and higher levels of service.

Evidence

In certain circumstances, which will be examined later in this chapter, police have probable cause for a search or seizure based on evidence-such as a shotgun- in plain view.

Association

In some circumstances, if the police see a person with a known criminal background in a place where criminal activity is openly taking place, they have probable cause to stop that person. Generally, however, association is not adequate to establish probable cause.

Shakedowns

In which an officer attempts to coerce money or goods from a citizen or criminal.

Mooching

In which the police officer accepts free "gifts" such as cigarettes, liquor, or services in return for favorable treatment of the gift giver.

Bribery

In which the police officer accepts money or other forms of payment in exchange for "favors", which may include allowing a certain criminal activity to continue or misplacing a key piece of evidence before a trial.

Elements of an arrest:

Intent, Authority, Seizure/Detention, Understanding

Information

Law enforcement officers receive information from victims, eyewitnesses, informants, and official sources such as police bulletins or broadcasts. Such information, as long as it is believed to be reliable, is a basis for probable cause.

List the five main types of law enforcement agencies

Local, County, State, Federal and Special.

Reform Era (1930-1970)

National Commission on Law Observance and Enforcement (aka Wickersham Commission) addressed police brutality and politics in policing. Professionalism promoted by August Vollmer, the father of modern policing. O.W. Wilson promoted "professional model" of policing

Directed Patrol

Patrol strategies that are designed to respond to a specific criminal activity at a specific time.

General Patrol

Patrol strategies that rely on police officers monitoring a certain area with the goal of detecting crimes in progress or preventing crime due to their presence. Also known as random or preventive patrol.

Outline the four major sources that may provide probable cause.

Personal observation, Information, Evidence and Association

Personal observation

Police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal.

The 4th Amendment

Searches have to be reasonable; have to have a warrant and an exception.

Arrest

Taking a person into custody for the purpose of detaining him/her on a criminal charge

The six investigative priorities of the FBI

Terrorism, organized crime, cyber crime, foreign intelligence operations in the US, federal violent offenses, and white-collar crime.

Implications to the exclusionary rule

That it forces police to gather evidence properly. If they followed appropriate procedures, they are more likely to be rewarded with a conviction. If they are careless or abuse the rights of the suspect, they are unlikely to get a conviction. Critics of the exclusionary rule, however, argue that its strict application may permit guilty people to go free because of police carelessness or innocent errors.

Federal Bureau of Investigation (FBI)

The branch of the Department of Justice responsible for investigating violations of federal law. The bureau also collects national crime statistics and provides training and other forms of aid to local law enforcement agencies.

Reasonable Force

The degree of force that is appropriate to protect the police officer or other citizens and is not excessive.

Interrogation

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

Private Security

The practice of private corporations or individuals offering services traditionally performed by police officers.

Sheriff

The primary law enforcement officer in a county, usually elected to the post by a popular vote.

Detective

The primary police investigator of crimes.

Delegation of Authority

The principles of command on which most police departments are based; personnel take orders from and are responsible to those in positions of power directly above them.

Citizen Oversight

The process by which citizens review complaints brought against individual police officers or police departments. The citizens often do not have the power to discipline misconduct, but can recommend that action be taken by police administrators.

Socialization

The process through which a police officer is taught the values and expected behavior of the police subculture.

Custodial Interrogation

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

Ethics

The rules or standards of behavior governing a profession; aimed at ensuring the fairness and rightness of actions.

Field Training

The segment of a police recruit's training in which he or she is removed from the classroom and placed on the beat, under the supervision of a senior officer.

Police Cynicism

The suspicion that citizens are weak, corrupt, and dangerous. This outlook is the result of a police officer being constantly exposed to civilians at their worst and can negatively affect the officer's performance.

Police Subculture

The values and perceptions that are shared by members of a police department and, to a certain extent, by all law enforcement agents. These values and perceptions are shared by the unique and isolated existence of the police officer.

Symbols of Authority

Uniform, Badge, Nightstick, Firearm

Broken Window Theory

Wilson and Kelling's theory that a neighborhood in disrepair signals that criminal activity is tolerated in the area. Thus, by cracking down on quality-of-life crimes, police can reclaim the neighborhood and encourage law-abiding citizens to live and work there.

Probable Cause

facts or evidence that would make a reasonable person believe that a crime has been, is being, or will be committed