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61 Cards in this Set
- Front
- Back
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The majority of people charged with a crime in the US do not receive a decision from a ______, but instead via a _____ _______
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jury; plea charge
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What was Zimbardo saying about the concept of a "Bad Apple"?
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You can't understand the behavior of the guards only by looking at them at an individual level as "bad apples", you need to understand the contexts that helped to enable the environments the guards were in (leadership, messages being given, levels of power etc).
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T / F: More criminal justice activity happens at the federal level rather than at the state level
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False. Most happens at the state level
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What are the three types of public law?
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Administrative, substantive and procedural
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What is administrative law?
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The branch of law where congress makes laws and rules about how to practice the laws
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What is substantive law?
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Defines, punishes, and prevents actions considered to violate societies rules
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What is constitutional law?
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Establishes fundamental principles and limits on law and governmental action
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What is civil law?
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Interpersonal / private laws that concern the rights and relations of individual citizens (homosexual marriage)
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What does habeas corpus mean?
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Bring / render the body. Comes from the idea that if you are being held by the government, the government has to have a legitimate basis to be holding you
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What are the differences between jail and prison?
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People sent to jail are usually only there for a year or less. Prison is longer than a year. Jail is run by a local government to serve people who are awaiting trial or have been convicted for misdemeanors of less than one year. Prisons are state / federal run facilities for people charged with felonies.
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What is the difference between disparity and discrimination?
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Disparities are legitimate factors for why groups of people are treated differently. Discrimination is a different way in which groups are treated without justification.
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What is a law?
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A rule of social control, principles of behavior that are required by a universally agreed upon source that has power
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What is ex post facto?
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The government can't create a law and then charge an individual
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Fourth amendment?
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Prohibits unreasonable search and seizure and sets regulations based on warrants and probable cause
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Fifth amendment?
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Right to remain silent
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Sixth amendment?
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Right to a speedy, public trial and impartial jury
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Eighth amendment?
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Prohibits excessive fines / bail, and prohibits cruel and unusual punishment
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What are the four elements of criminal law?
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Actus reus, mens rea, concurrence between the act and state of mind, and causation
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What is actus reus?
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The act, planning a crime is considered an act
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What is mens rea?
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The state of mind (if you intended to commit an act that may have a criminal consequence, even if you didn't intend to commit a crime, you can face criminal consequences)
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What does concurrence between the act and state of mind mean?
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The act and mental state occur together when a crime is committed
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What is causation?
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Why did the harm occur? The court must be convinced that the accused is legally liable.
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What is the exclusionary rule?
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Evidence collected in a manner that violated the individual's rights needs to be excluded from the trial / cannot be held against them.
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What is the due process revolution?
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Selectively incorporated most of the criminal justice amendments in the Bill of Rights to the states. Previously, the Bill of Rights applied to the federal government / federal laws.
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The exclusionary rule / due process revolution / selective incorporation of the bill of rights started with which case?
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Mapp v. Ohio
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T / F: Before 1961, the exclusionary rule did apply to federal law enforcement?
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True, before 1961 there was an exclusionary rule that applied to federal law enforcement
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Which amendment does Mapp v. Ohio have to do with?
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The fourth amendment - prohibiting unreasonable search and seizure
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What is the fruits of the poisonous tree?
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Says that if you find one thing illegally, you can't use the second thing you found because the first one was found illegally
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What are exigent circumstances?
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You need probable cause for a warrant, but you can have probable cause but no warrant to conduct a search / arrest someone.
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T / F: Stop & frisk can be conducted if you have reasonable suspicion?
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True
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T / F: A warrant is not always necessary for a legal search by the police
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True
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T / F: Although probable cause is necessary for a warrant, not all searches / arrests need warrants
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True
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What must a crime have? Two things...
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Must be defined by criminal law and have an attached punishment
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T / F: A status offense can be applied to adults
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False. Status offenses refer to criminal laws for juveniles
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What are the three C's of the CJ system?
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cops (law enforcement), courts, corrections
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Federalism = ____ ______
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dual power (between state and national aka federal government)
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What are three reasons why so few crimes send people to prison?
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They are given other punishments, crimes were not reported, law enforcement failed to identify criminals
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T / F: The rate of punishment from arrests are relatively low
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False. The rates of people arrested and punished are HIGH
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The crime control and due process models of CJ are based on how to achieve freedom recognizing two things:
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1. the power of crime to undermine freedom, especially in terms of practicalities of daily life and 2. the power of the state governments to undermine freedom through it's control over the CJ system
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What is the crime control model?
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A model that assumes public safety is so important that every effort must be made to stop crime. Emphasizes efficiency, speed, finality, and the capacity to try, convict, and dispose of a high proportion of offenders.
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What is the main message of the crime control model?
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It emphasizes public safety through efficiency in the criminal justice system
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What is the due process model?
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A model that assumes government power in the CJ system can thwart individual liberties if not properly checked by due process. Emphasizes the rights of suspects and defendants, and the importance of rules and protections in a formal decision making procedure
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What is the main message of the due process model?
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It emphasizes public safety through people being given their rights
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Why / how do US criminal laws change?
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Public attitudes, legislative change, court decisions, and tension among these factors
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Intent could be anything from...
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Wanting to achieve a criminal outcome or not planning or desiring a criminal outcome but intending to do something that could result in criminal consequences
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Principle of criminal law: legality - what is it?
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Living under a rule of law implies the law applies to everyone
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Principle of criminal law: punishment - what is it?
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Must be specified in the law defining a crime
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T / F: Motive is one of the four elements of all criminal laws?
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False (Actus reus, mens rea, concurrence between the act and state of mind, and causation)
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What does procedural criminal law define?
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How the laws will be enforced by state actors (police, prosecutors etc.)
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What is the major challenge of procedural law?
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The balance between order, security and liberty, and rights
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What year was Barron v. Baltimore and what was the verdict of the case?
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1833, the Bill of Rights restricts federal government powers but not state powers.
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What year was Powell v. Alabama and what was the verdict of the case?
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1932, due process rights had been violated.
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What counts as a legal standard of suspicion that would allow a police search?
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Reasonable suspicion, probable cause, preponderance of the evidence, proof beyond reasonable doubt
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What does the Plain View Doctrine state?
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Officers may examine and use as evidence, without probable cause, evidence that is in open view at a location where they are legally permitted to be.
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What does double jeopardy mean?
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It means that a defendant cannot be tried again on the same or similar charges after they have been convicted / acquitted.
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T / F: The fifth amendment protects against compelled self-incrimination?
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True
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T / F: a grand jury is the same thing as a petit jury.
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False.
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What case was the backbone of the sixth amendment? What year?
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Gideon v. Wainright, 1963
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What was the verdict of Gideon v. Wainright?
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Supreme Court ruled that states must provide defense attorneys to criminals charged with felonies who could not afford their own attorney
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What was the verdict of Miranda v. Arizona and what year was it?
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Detained criminal subjects must be told that they are allowed to have an attorney and right to remain silent (5th and 6th amendments), 1967.
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What did the Bail Reform Act of 1984 say?
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Suspects considered dangerous to the public may be held without bail.
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