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152 Cards in this Set
- Front
- Back
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Goverment can neither impose a state religion upon you nor punish you for exercising the religion of your choice. You may express your opinions, write and publish what you wish, gather peacefully with others, and formally ask government to correct injustices. |
Amendment I |
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Amendment II |
Individuals ("the people") have the right to own and use weapons without interference form the government |
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The government cannot force you to house its agents |
Amendment III |
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Amendment IV |
You may not be arrested or "detained" arbitrarily. No agency of government may inspect or seize your property of possessions without first obtaining a warrant. To obtain a warrant, they must show specific cause for the seach or seizure and swear under otath they they are telling the truth about these reasons |
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No one outside the military may be tried for a serious crime without first being indicted by a grand jury. Once found guilty, a person may bnot be tried again for the same deed. You can't be forced to be a witness or provide evidence against yourself in a criminal case. You can't be sent to prison or have your assets seized without due process. The government can't take your property without paying market value for it |
Amendment V |
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Trials cannot be unreasonably postponed or held in secret. In any criminal case against you, you have a right to a public trial by a jury of unbiased citizens. The trial must be held in the state or region where the crime as committed. You cannot be held without charges. YOu cannot be held on charges that are kept secret from you. You have a right to know who is making accusations against you and confront those witnesses in court. You have the right to subpoena witnesses to testify in your favor and a right to the services of an attorney |
Amendment VI |
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The right to trial by jury extends to civil, as well as criminal cases. Once a jury has made its decision, no court can overturn or otherwise change that decision except via accepted legal processes. |
Amendment VII |
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Bails, fines, and punishments must all fit the crime and punishments must not be designed for cruelty |
Amendment VIII |
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Amendment IX |
You have more rights than are spefically listed in the Bill of rights |
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The U.S federal government has only those specific powers granted to it by the Constitution. All other powers belong either to the states or to individuals |
Amendment X |
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Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse |
crime |
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Summarize the history of crime in America and corresponding changes in the American Criminal justice system |
In the late 1800s crime epidemic spurred by social upheaval brought on by large scale immigration and the cival war In the early 1900s prohibition spurs the growth of organized crime Late 1900s was the civil rights movement, which in turn saw a dramatic increase in reported criminal activity Also, by the 1980s there was a dramatic increase in sale and use of illicit drugs led to increased crime |
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the emphasis on ___________ _________ was accompanied by a dramatic increase in reported criminal activity |
individual rights |
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the rights guaranteed to all members of American society by the U.S Constitution |
individual rights |
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a condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus |
social disorganization |
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Sarbones Oxley Act |
intended to deter corporate fraud and to hold business executives accountable for their actions |
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one who seeks to protect personal freedoms within the process of criminal justice |
individual rights advocate |
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Chelsea's law |
a bill intended to increase prison sentences and extend parole terms for offenders who commit sex crimes against minors |
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Social Order |
the condition of a society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict. Also, a lack of social disorganization |
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Pubic order advocate |
one who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights |
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Define justice |
"truth in action" the principle of fairness; the ideal of moral equity |
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One component of social justice, concerns itself with fairness in relationships between citizens, government agencies, and businesses in private matters, such as those involving contractual obligations; business dealings, hiring, and equality of treatment |
civil justice |
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Criminal justice |
refers to the aspects of social justice that concern violations of the criminal law |
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the perfomance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilition of accused persons or criminal offenders |
adminstration of justice |
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Th consensus model |
a criminal justice perspective that assumes that the system's components work together harmoniously to achieve the social product we call justice |
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What are the core components of the American Criminal Justice system and what is some of their functions |
The Police - Enforce the law, investigate crimes Correctional Agencies - carry out sentences imposed by criminal courts, provide safe and humane custody and supervision of offenders. Criminal Courts - conduct fair, and impartial trials, decide criminal cases |
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Criminal justice system |
consists of the component agencies of police, correctional agencies, and criminal courts aggregate of all operating and adminstrative or technial support agencies that perform criminal justice functions. |
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The American Criminal Justice Process |
Investigation Warrant Apprehension Booking First appearance Preliminary hearing Information or indictment Arraignment Adjudication Sentencing Corrections Reentry |
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I watch apes bake fish pies in antartica although seamonkeys cook rice |
I W A B F P I A A S C R |
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crime control model |
a criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders |
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a criminal justice perspective that emphasizes individual rights at all stages of justice system processing |
due process model |
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the use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group |
social control |
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Refers to crime fighting strategies that have been scientifically tested and are based on social science research |
evidence-based practice |
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criminology |
the scientific study of the causes and prevention of crime and the rehabiliation and punishment of offenders the study of crimes, criminals, and criminal behavior |
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Explain how multiculturalism and diversity presents a challange to and opportunity for the American system of criminal justice |
Ex. Polygamist Warren Jeffs was sentenced to life in prison for sexually assaulting two underage female followers whom he took as wives. The existence of such alternative family lifestyles is just one indicator that the U.S. is a multicultural and diverse society. |
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Multiculturalism |
describes a society that is home to a multitude of different cultures, each with its own set of norms, values, routine behaviors |
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What does crime statistics provide an overview of? |
Criminal activity |
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Crime statisitics come from what two sources? |
the FBI's Uniform Crime Reporting Program (UCR) National Crime Victimization Survey of the Bureau of Justice Statistics (NCVS) |
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Describe the FBI's UCR/NIBRS Program, including its purpose, history, and what it tells us about crime in the U.S. today. |
In 1930, Congress authorized the U.S.Attorney general to survey crime in America, and FBI was designated to implement the program The Bureau built on earlier efforts by the IACP to create a national system of uniform crime statistics The original UCR program was designed to permit comparisons over time through construction of a "crime index" |
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What is a "Crime Index"? |
it summed the occurrences of seven major offenses - murder, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft - and expressed the result as a crime rate based on population |
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What were the concerns of the crime index? |
That it did not provide a clear picture of criminality because it was skewed by the offense with the highest number of reports - typically larceny- theft. |
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NIBRS |
National Incident Based Reporting System |
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National Incident Based Reporting system |
an incident based reporting system that collects detailed data on every single crime occurence |
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What are some differences between theTraditional UCR and the Enhanced UCR/NIBRS? |
The Traditional UCR consists of monthly aggregate crime counts The Enhanced UCR consists of incident records for 8 major crimes and 38 other offenses with details on offense, victim, offender, and property involved. |
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What are some various reasons why there was a third major shift with a significant decline in the rates of most major crimes being reported between 1991-2012. |
advances in forensic science and enforcement technology, including use of real-time communications, the growth of the internet, and the advent of DNA evidence a coordinated, collaborative, and well funded national effort to combat crime, beginning with Safe Streets Act of 1968 |
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Shifts in crime patterns away from more "traditional crimes", and toward innovative forms of law violation using high technology, may mask the true face of crime in America. What do these new forms of violations include? |
"Bank robbery" would be a traditional crime Identity theft computer heists |
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Violent Crimes include: |
murder forcible rape robbery aggravated assault MFRA |
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Property Crimes |
motor vehicle theft burglary arson larceny theft |
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What refers to the proportion of reported crimes that have been solved |
clearance rates |
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What shows the frequency of the commission of major crimes |
FBI Crime Clock |
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Part 1 Offenses |
Murder Forcible Rape Robbery Aggravate Assault |
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What are the two types of assaults |
Simple (Misdeameanor) Assault Aggravated (Felonious) Assault |
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The unlawful killing of one human being by another |
Murder |
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Forcible rape |
the carnal knowledge of a person forcibly and against their will |
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Is a personal crime involving face to face confrontation between victim and perpetrator. |
robbery; it is often confused with burglary, which is primarily a property crime |
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Burglary |
is primarily a property crime; they are interested in financial gain and usualy fence (illegally sell) stolen items, recovering a fraction of their cash value |
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The UCR/NIBRS Program employs three classifications of burglary: What are they? |
forcible entry unlawful entry where no force is used attemped foricble entry |
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Define Larceny-theft and give some examples |
The UCR /NIBRS Program used the term larceny theft to describe theft offenses of all kinds. For example, Thefts from motor vehicles Shoftlifting Thefts from buildings Thefts of motor vehicle parts and accessories Purse Snatching Pocket picking Bicycle thefts |
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_________ _________is the most frequently reported major crime, according to the UCR/NIBRS Program |
Larceny theft |
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Involves obtaining credit, merchandise, or services by fraudlent personal representation, is a special kind of larceny |
identity theft |
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This act added two years to federal prisons sentences for criminals convicted of using stolen credit card numbers and other personal data to commit crimes |
2004 Identity Theft Penalty Enhancement Act |
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What are some techniques that identity thieves use to unlawfully obtain personal information |
dumpster diving shoulder surfing Eavesdropping |
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the theft or attempted theft of a motor vehicle. |
motor vehicle theft |
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is defined as a self-propelled road vehicle that runs on land surface and not on rails |
motor vehicle |
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The stealing of trains, planes, boats, contruction equipment, and most farm machinery is classified as _________ |
larceny |
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arson |
the intentional burning of property |
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What are Part II Offenses |
they are generally less serious than those that make up the Part I offenses category. Part II offenses include a number of social-order, or so-called victimless crimes |
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Crime that is not reported to the police and that remains unknown to officials is referred to as __________________ |
the dark figure of crime |
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Describe the NCVS Program, including its purpose, history, and what it tells us about crime today |
The National Crime Victimization Survey is based on victim self reports rather than on police reports. It is designed to estimate the occurrence of all crimes, whether reported or not. The statistics revealed that approximately 15% of Americans are touched by crime every year. and about 22 million victimizations occur each year. |
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What are some pitfalls to the UCR/NIBRS Program |
Not everyone reports when they are victimized Some victims are afraid to contact the police Reports may not be accurate |
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In contrast to the UCR/NIBRS dependence on crimes reported by victims who seek out the police, the NCVS_______________ |
relies on door to door surveys and personal interviews for its data |
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a classification scheme used in the study and description of criminal behavior |
crime typology |
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repeated harassing and threatening behavior by one individual against another, aspects of which may be planned or carried out in secret |
stalking |
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What are some special categories of crime |
Crime against women Crime against eldery Hate Crime |
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a violation of a criminal statute by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation partnership, or other form of business entity |
corporate crime |
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White collar crime |
violations of the criminal law commited by a person of respectability and high social status in the course of his or her occupation |
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What is organized crime |
the unlawful activities of the members of a highly organized , disciplined association engaged in supplying illegal goods or services |
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Examples of organized criminal groups |
Mafia's, Cartels, Street gangs |
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also called cybercrimes or information technology crimes, use coputer and computer technology as tools in crime commission |
computer crimes |
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a violent act or an act dangerous to human life in violation of criminal laws of the united stated or any state to intimidate or coerce a government, civilian population ...... |
terrorism |
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examples of terroism |
9/11 attack on twin towers and pentagon |
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What are some types of terrorism? |
Domestic terrorism International terrorism cyberterrorism |
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unlawful activity that occurs across national boundaries |
transnational offenses |
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a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior |
law |
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Why is law needed? |
Practically speaking, laws regulate relationships between people and also between parties such as government agencies and individuals. They support a system of punishment and rehabilitation |
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"the law on the books" |
statutory law |
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also called "supremacy of law". It centers on the belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all its members |
The Rule of Law |
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Penal Code |
the written organized, and compiled form of the criminal law of a jurisdiction |
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the body of law originating from usage and custom rather than from written statutes. |
common law |
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Also called "penal law", this refers to the body of rules and regulations that define and specify the nature of punishments for offenses of a public nature or for wrongs committed against the state or society |
criminal law |
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Written law is of two types: What are they? |
Substantive and Procedural |
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Describes what constitutes particular crimes, such as murder, rape, robbery, and assault, and specifies the appropriate punishment for each particular offense |
substanstive criminal law |
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the part of law that specifies the methods to be used in enforcing substanstive law |
procedural law |
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the branch of modern law that governs relationships between parties |
civil law |
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True of false: A violation of the civil law is a crime |
False |
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A__________is a personal wrong and not a crime, it is left to the aggrieved individual to set the machinery of the court in motion |
tort |
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a wrongful act, damage, or injury not involving a breach in contract |
tort |
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Precedent |
a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases |
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serious crimes that include murder, rape, aggravated assault, robbery, burglary, and arson |
felonies |
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what are the 5 general categories of crime |
felonies misdemeanors offenses treason and espionage inchoate offenses |
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Misdemeanors |
are relatively minor crimes of offenses |
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examples of misdemeanors |
petty theft simple assault breaking and entering possessing burglary tools being disorderly in public disturbing the peace filing a false crime report |
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__________is used specifically to refer to minor violations of the law that are less serious than misdemeanors. |
Offenses |
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examples of "offenses" |
jaywalking spitting on the sidewalk littering failure to wear seat belt |
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infractions |
another minor law violation, people are usually ticketed and released usually on a promise to appear in court |
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A U.S. Citizen's actions to help a foreign government overthow, make war against, or seriously injure the U.S. |
treason |
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an offense akin to treason but which can be committed by non citizens, is the "gathering, transmitting or losing" of information relation to the national defense in such a manner that the information becomes available to enemies of the U.S and may be used to their advantage |
espionage |
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offenses that have not been fully carried out |
inchoate offenses |
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examples of inchoate offenses |
conspiracies |
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What are the "General Features of Crime"? |
Actus reus Mens rea concurrence of the two (actus reus and mens rea) causation resulting harm the principle of legality necessary attendant circumstances the principle of punishment |
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Conventional legal wisdom hold that the essence of crime consists of three conjoined elements. What are they? |
Actus reus mens rea a concurrence of the two |
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refers to the fact that the concurrence of a guilty mind and a criminal act may cause harm |
causation |
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means "guilty act" |
actus reus |
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means "guilty mind" |
mens rea |
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a persons reason for committing the crime |
motive |
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the body of the crime; proves a crime was committed |
corpus delicti |
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The M'Naghten rule |
hold that a person is not guilty of a crime if, at the time of the crime , the person either didn't know what he or she was doing or didnt know that it was wrong |
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This rule states that a person is not criminally responsible for his or her behavior if the person's illegal actions were the result of some mental disease or defect |
durham rule |
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is a proactive approach to the problem of crime; it is the anticipation, recognition, and appraisal of a crime risk and initiation of action to remove or reduce it |
crime prevention |
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the process of discovering, collecting, preparing, identifiying and presenting evidence to determine what happened and who is responsible |
criminal investigation |
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What are some techniques and programs used for crime preventions |
barries to entry and exit survelliance theft deterance devices security lighting visibility landscaping |
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What are some additional techniques used for crime prevention |
hot spot policing predictive policing |
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This technique focuses police resources on geographic ares showing significant criminal activity |
hot spot policing |
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Predicitive policing |
also known as crime forecasting, is a technique in which quantitative techniques are applied to crime data in an effort to identify likely targets for police intervention in an effort to thwart criminal activity |
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What is "Compstat"? |
a crime analysis and police-managment process built on crime mapping that was developed by the NYC Police Department in the mid 1990s |
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a window based spatial statistical analysis software program for analyzing crime-incident locations, and is another technique for predicting criminal activity |
CrimeStat |
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Compstat is a form of _______ __________ |
predictive policing |
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the application of analytical techniques - particulary quantitative to identify likely targets for police intervention and prevent crime or solve past crimes by making statistical predictions |
predictive policing |
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Predictive methods can be divided into four categories. What are they? |
methods for predicting crime methods for predicting offenders methods for predicting prepetrators' identities methods for predicting victims of crimes |
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What is the broken window theory? |
the idea is based on the notion that physical decay, such as litter and abandoned buildings, can breed disorder in a community and can lead to crime by signaling that laws are not being enforced |
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Explain quality of life offenses |
minor law violations that demoralize residents and businesspeople by creating disorder ex. excessive noise, graffiti, abandoned cars, and vandalism |
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Law enforcement officers are individuals authorized to perform what four specific functions |
conduct criminal investigations execute search warrants make arrests carry firearms |
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What is the mission of the FBI |
protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce criminal aw |
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State law enforcement agencies are usually organized after one of two models. What are they? |
Centralized Model Decentralized Model |
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Centralized model |
the tasks of the major criminal investigations are combined with the patrol of state highways |
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What are some duties of centralized state police agencies |
patrol state highways assist local law enforcement departments in criminal investigations when asked to do so |
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How does a decentralized model of police organization function? |
usually have a number of other adjunct state level enforcement agencies. For example NC has created a State wildlife commission with enforcement powers |
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employs both highway patrol and a state bureau of investigation |
decentralized model |
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Local law enforcement agencies include: |
city and county agences for example municipal departments, rural sheriff's departments, and specialized groups |
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a city-town based law enforcement agency |
municipal police department |
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What does it mean to be a "sworn officer" |
a law enforcement officer who is trained and empowered to perform full police duties, such as making arrests, conducting investigations, and carrying firearms |
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City police chiefs are typically: |
appointed by the mayor or selected by the city council |
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Sheriffs are: |
elected public officials whose agencies are responsible for law enforcement throughout the county in which they function |
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What are fusion centers? |
designed to enhance cooperative efforts though a coordinated process for collecting, sharing, and analyzing information in order to develope actionable intelligence |
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What do Fusion centers typically deal with? |
terrorism, criminal, and public safety matters |
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What is Interpol? History? Functions? |
International Crime Police Organization an international law enforcement support organization that began operations in 1946 and today has 182 members Its purpose is to act as a clearing house for information on offenses and suspects who are believed to operate across national boundaries |
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What are some policing epochs and styles, referred to as Wilsons three policing styles. |
The watchman The legalistic The service |
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Describe Wilson's "Watchman style" of policing |
is characteristic of lower-class communities where informal police intervention into the lives of residents is employed in the service of keeping the peace also called "Order Maintenance" |
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Describe Wilson's "Legalistic style" of policing. |
enforce the letter of the law |
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Describe Wilson's "Service Style" of policing |
strives to meet the needs of community and serve its members |
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Evidence based policing |
the use of the best available research on the outcomes of police work to implement guidelines and evaluate agences, units and officers |
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refers to the exercise of choice by law enforcement officers in the decision to investigate or apprehend, the disposition of suspects, the carrying out of offical duties, and the application of sanctions. |
police discretion |
