Criminal Justice Exam 1

Difference between 1st degree murder, 2nd degree murder and manslaughter?

1st Degree Murder: unlawful, intentional killing with premeditation and deliberation and malice afterthought! 2nd Degree Murder: intentional with malice BUT no premeditation and deliberation Voluntary Manslaughter: Committed in the "heat of passion". Adequately provoked and not having time to cool off before the act. Intentional but no malice! Involuntary Manslaughter: NO intent. Unintentional/Accidental causing of a death without breaking the law or while being negligent.

What is "3 strikes law"? Why were many of these laws repealed or eliminated?

3 strikes your out/3 chances. Had negative and unanticipated repercussions and unfairly punitive.

Judges are to avoid the "appearance of impropriety" - what does that mean?

A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen.

Difference between accepted lying and deviant lying?

Accepted Lying: police activities intended to apprehend or entrap suspects. This type of lying is generally considered to be trickery. Deviant Lying: Occasions when officers commit perjury to convict suspects or are deceptive about some activity that is illegal or unacceptable to the department or public in general.

What is an example of police officer accepted lying? Deviate lying?

Accepted lying: lying to convict someone of being guilty Deviate lying: lying that violates substantive or procedural laws or police department rules and regulations

UNDERSTAND the 6 major theories of crime: Biological, Social Structure, Social Process, Social Conflict, Feminist, and Environmental.

Biological: Crime in biological makeup of offenders. William Sheldon's study. XYY chromosome. Direct association between traits and criminal activity. Social Structure: Most delinquents lived in high rates of poverty, diversity and population turnover. Criminal behavior is caused by strain. Robert Merton's "anomie" Robert Agnew' "Vicarious strain" Social Process theory: Assumes people are born "bad." Social bond theory asks, "Why don't people commit crime?" Bonds consist of four elements. General theory of crime. Social Conflict theory: Criminal justice system serves the interest of the dominant group Police represses those challenging established order. Groups oppressed based on class division, sexism, and racism. Laws designed to oppress those not in power. Feminist theory: Various acts gave women rights. Increased labor force participation results in higher crime rates for women Little evidence to support this. Environmental: Attempts to explain patterns of crime events focusing on how offenders find and choose their crime targets. Increase in violent crimes in 1960s and 1970s. Crimes occur based on opportunities. Five prevention techniques: effort, risk, provocations, rewards and justification.

What is the difference between the classical and positivist schools of criminological thought?

Classical: People have free will over criminal and lawful behavior. From Cesare Beccaria Positivist: Emphasizes criminal actor, not act. Uses science to study offender. Behavior controlled by other factors, NOT free will.

What are the 2 competing goals of the Criminal Justice system?

Crime control model/goal Due process model/goal

Differences between the Crime Control Model and the Due Process model?

Crime control: Crime is breakdown of individual responsibility. Requires swift and certain punishment. Presumed guilty. Compared to Assembly Line-move them through quickly. Focuses on Factual Guilt Due process: Strives for fairness. Ensure rights are protected. Presumed Innocent. Similar to Obstacle Course.Focuses on Legal Guilt

Why do some "fall out of the system" (not solved or prosecuted)

Crime is not discovered or reported. No perpetrator is identified or apprehended. A suspect is arrested but later released from custody.

What is the difference between a civil case and a criminal case? What is the burden of proof in each?

Criminal law: Body of law defines criminal offenses and prescribes punishments for their infractions. Burden of proof: "Beyond a reasonable doubt." Civil law: All noncriminal law, applies to civil matters. Burden of proof: "Preponderance of evidence."

What are some sentencing options a judge might consider?

Death penalty Incarceration Probation Fine Restitution Intermediate sanction (alternative more severe than just probation)

Which country did our laws evolve from?

England

What are ethics? Difference between absolute and relative ethics?

Ethics: right or wrong Absolute ethics: right or wrong Relative ethics: grey area, what is right for you won't be for someone else

A person who, upon returning home, discovers that her premises have been illegally entered and valuables removed, will correctly tell police, "I've been robbed."

False

All prosecutions for crimes begin with a grand jury indictment.

False

Because of their constitutional obligations, prosecutors and defense attorneys are not bound to the same ethical standards as other criminal justice employees.

False

Carjacking is now one of the FBI's eight Part I crimes.

False

During an oral interview, applicants for policing jobs should never indicate a willingness to "snitch" on another officer whom they observe doing something wrong.

False

Interviews with known burglars reveal that these offenders are motivated strictly by financial gain.

False

Labeling theorists believe that by labeling people as offenders, we can stop people from committing crimes.

False

Police make the final decisions concerning the actual crimes with which a suspect will be charged.

False

Rape and theft are often referred to as public order or victimless crimes.

False

Research shows that most men carry an extra Y chromosome—the "criminal" chromosome—which makes them more likely to commit crime.

False

Statistics show that arrests of female offenders for property crimes have increased dramatically over the past several years.

False

The "ends justify the means" philosophy is typically a good, safe philosophy for the police and judges to follow.

False

The U.S. system of criminal justice is intended to function, and indeed does function in all respects, like a "well-oiled machine."

False

The receipt of gratuities by criminal justice personnel is a universally accepted practice.

False

Under current U.S. law, one can be charged only for those criminal acts that he or she actually performs, and not for failure to act or perform in some manner.

False

Very little, if any, political or discretionary behavior or authority exists in the field of criminal justice; its fixed laws and procedures prevent such influences.

False

Whistleblowers who expose improper acts of their coworkers now have no legal protection.

False

What are the 3 sources of law in the US?

Federal law, State law, City/County law.

Difference between a felony and a misdemeanor?

Felony: A serious offense with a possible sentence of more than a year in prison. - Many states divide felonies into different classes. Misdemeanor: A lesser offense, punishable by a fine or up to one year in a local jail. - Often classified under state laws

What is a prosecutor's PRIMARY duty?

Goal is NOT to win the case but to DO JUSTICE.

Difference between a jail and a prison?

Jail: Sentenced to less than a year. Prison: Sentenced to more than a year.

Be familiar with the following specific explanations for crime: Learning Theory, Control Theory, Labeling Theory, and Routine Activity Theory.

Learning Theory: People learn how to become criminal.• Born good & LEARN to be bad! Sutherland's explanation. Which comes first: Delinquency or the delinquent friend? Delinquents tend to hang out with other delinquents. Control Theory: Assumes people are born "bad." Social bond theory asks, "Why don't people commit crime?" Bonds consist of four elements. General theory of crime. Labeling theory: Labeling acts as criminal; effect. Behavior is deviant; not criminal acts. Edwin Lemert's claim on deviant - self-fulfilling prophecy Routine Activity theory: Increase in violent crimes in 1960s and 1970s. Lawrence Cohen and Marcus Felson. Problem analysis triangle: Motivated Offender, Suitable Target & Absense of guardian. Support by studies.

What is adjudication?

Legal resolution of a dispute.

What do these Latin terms mean: Lex tallionis, Stare Decisis, Mens Rea and Actus Reus?

Lex Tallionis: the law of retaliation, whereby a punishment resembles the offense committed in kind and degree. Stare Decisis: the legal principle of determining points in litigation according to precedent. Mens Rea: intent vs motive to commit crime. Actus Reus: the act.

What are the 2 critical elements of criminal law and what do they mean?

Mens Rea: Intent Versus Motive to Commit Crime. Refers to the "criminal intent." - Intent, specific: A purposeful act or state of mind to commit a crime. - Motive: The reason for committing a crime. Actus Reus: The Act. Crime must be a voluntary, overt act. The intentional failure to act in case of a legal duty, can also be criminal. Rule for establishing criminal liability: Prove D committed the actus reus (criminal act) with mens rea (guilty mind)=CONCURRENCE

Is criminal law static? Why or why not?

Not static. Changes in criminal laws triggered by social, political, and economic changes.

Difference between the consensus theory of justice and the conflict theory?

Order maintained through consensus or preserved through conflict. Consensus: Lawbreakers often consent to police power. Stability of the U.S. government testifies consensus. Assumption: Most citizens share similar values and beliefs. Society passes laws to protect itself. Conflict: Powerful groups create laws to protect their values and interests. Assumes there will always be competing interests in society.

What is an example of a police officer using discretion? A prosecutor? A Judge?

Police officer: whether to draw weapon, make an arrest, issue ticket. Prosecutor: proving guilt beyond a reasonable doubt. Judge: How to issue someone having a misdemeanor or a felony.

What are the meat-eaters and grass-eaters in policing?

Police officers who "aggressively misuse their police powers for personal gain" are meat- eaters. While "grass-eaters simply accept the pay‐ offs that the happenstances of police work throw their way"

What is the Whistleblower Protection Act?

Prohibits reprisal against employees revealing information. Corruption, Racial Discrimination, Sexual Harassment, Fraud.

What are public order crimes? White collar crimes?

Public order crimes: offenses that violate a society's shared norms. White-collar crime: crimes committed by individuals during their professions or occupations.

Difference between robbery and burglary?

Robbery is stealing from a person with force. Burglary required breaking into and entering a structure

Substantive Law? Procedural law?

Substantive law: Body of law that spells out elements of criminal acts. Procedural law: Rules that set forth how substantive laws are to be enforced.

What is federalism?

System of government controlled by 2 levels of government.

We discussed several ethics tests for the criminal justice student. Understand each of them.

Test of common sense Test of publicity Test of one's best self Test of one's most admired personality Test of hurting someone else Test of foresight Is it worth my job and career?" and "Is my decision legal?" "The bell, the book, and the candle."

What are some examples of Ethics Tests for Criminal Justice students?

Test of common sense Test of publicity Test of one's best self Test of one's most admired personality Test of hurting someone else Test of foresight Is it worth my job and career?" and "Is my decision legal?" "The bell, the book, and the candle."

What are gratuities in policing?

The gift of an item to another person based solely on their occupation.

What is recidivism?

The tendency of a convicted criminal to reoffend.

What are we referring to when we talk about police officers' "code of silence"?

Training on the need for a corruption-free department. Creation and maintenance of internal affairs unit. Prosecution of law-breaking police officers: Internal Affairs

According to social disorganization theory, specific characteristics of neighborhoods, not people, are linked to higher rates of criminal behavior.

True

As opposed to the situation under English common law, today one may use force, even deadly force, if he or she reasonably believes that an attack against him or her is imminent.

True

Communities sometimes seem to tolerate questionable police behavior, if it is carried out to benefit the greater public good (such as dealing with violent gang members).

True

Environmental criminologists argue that opportunities play a major role in causing crime.

True

If a burglar enters a premise and also commits a rape and a murder while inside, the hierarchy rule requires police to report to the FBI only the crime of murder.

True

No particular amount of time is necessary for one to legally premeditate a murder.

True

Parolee is the term used to describe one who has been granted early release from prison.

True

The U.S. legal system is based on English common law.

True

The classical school of criminology maintains that people have free will and choose whether or not to engage in crime.

True

The term ethics is rooted in the ancient Greek idea of "character."

True

The term white-collar crime was introduced in 1939, when a researcher discovered that many crimes were committed by persons of respectability and high social status in the course of their occupations.

True

Under the U.S. system of justice, people basically join together, form governments (thus surrendering their rights of self-protection), and receive governmental protection in return.

True

What is utilitarianism? What is the "slippery slope" in policing?

Utilitarianism: what maximizes happiness, but minimizes sorrow. Slippery Slope: Misuse their police powers for personal gain

What is "noble cause corruption" in policing?

When police practice relative ethics and the principle of double effect.

What aggravating and mitigating factors might judges consider when determining an appropriate sentence for someone convicted of a crime?

Whether the defendant was an accessory or the primary offender.