Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
63 Cards in this Set
- Front
- Back
|
Who is Charles Whitman? |
He went in public and killed a bunch of people, let a suicide note saying he did not understand himself & he had weird thoughts, had tumor growing in amygdala |
|
|
T or F: If you are a carrier of a particular set of genes, the probability you will commit a violent crime is four times as high as it would be if you lacked those genes |
True |
|
|
What is civil law? |
Laws regulating relationships between citizens |
|
|
What is substantive criminal law? |
laws defined by the government, dictates what can be punished and the punishments for them |
|
|
What is procedural criminal law? |
Laws defining the procedures that the people in the CJ system have to abide by |
|
|
What are the general 3 categories offenses fall under/the definitions for them? |
Felonies - more than a year of incarceration Misdemeanors - include offenses one year or less, county jail in most cases Civil infractions - result in monetary transactions, no criminal record or arrest |
|
|
What are the 7 principles of criminal law? |
Legality, actus reus, causation, harm, concurrence, mens rea, punishment |
|
|
What is the legality principle of criminal law? |
there are laws in place defining what is and what is not a crime |
|
|
What is the actus reus principle of criminal law? |
human act of either commission or omission |
|
|
What is the causation principle of criminal law? |
has to be relationship between criminal act and harm suffered |
|
|
What is the harm principle of criminal law? |
has to be hard suffered by someone that your act caused |
|
|
What is the concurrence principle of criminal law? |
need to prove guilty action and crime go together |
|
|
What is the mens rea principle of criminal law? |
guilty mind |
|
|
What is the punishment principle of criminal law? |
has to be a law defining punishment goes with that crime |
|
|
What are the justification defenses to challenge criminal intent? |
Focus on whether the criminal action was a social acceptable Two types: self-defense & necessity |
|
|
What are the excuse defenses to challenge criminal intent? |
Focus on the actor and whether the person possessed the knowledge or intent needed for a criminal conviction Two types: Duress (coersion) someone pointing a gun at you and telling you to hurt someone else & Entrapment - government agents induce a person to commit a crime |
|
|
What is the infancy excuse defense? |
Ages vary state-to-state Claim is that they were too immature to know the consequences |
|
|
What is the mistake of fact excuse defense? |
Mistake regarding a crucial fact that could be used by the defense Ex: Someone had a toy gun & you shot them |
|
|
What is the intoxication excuse defense? |
Intoxication has to be involuntary |
|
|
What is the not guilty by reason of insanity (NGRI) defense? |
- Use of mental disability as a defense to criminal responsibility - English courts excused those who could not differentiate "right from wrong" or "good from evil" |
|
|
What is the M'Naghten Rule? |
- Test for NGRI defense - "Right from wrong" test - Early criticisms |
|
|
What is the Irresistible impulse test? |
- Test for NGRI defense - Response to criticism of M'Naghten - Belief that offenders who could not control their actions would not be deterred by criminal sanctions |
|
|
What is the durham rule? |
- Test for NGRI defense - Product test for insanity - crime has to be result of direct mental illness |
|
|
What is the model penal code? |
- Test for NGRI defense - If at time of offense and result of mental disease, offender lacks capacity to appreciate criminality of act |
|
|
What is the comprehensive crime control act? |
- Test for NGRI defense - Limited defense to defendants who aren't able by reason of mental illness to comprehend wrong nature of acts - Defendant has the burden of proof |
|
|
What is Procedural criminal law? |
- How the state must process cases - Procedural criminal law defined through judicial rulings - US Supreme court has significant rules in defining criminal law |
|
|
What amendments shape procedural law? |
4th, 5th, 6th, 8th, and 14th |
|
|
What is the 14th amendment? |
- Right to due process of law |
|
|
What is the fourth amendment? |
Prohibits unreasonable search and seizures |
|
|
What is the fifth amendment? |
Due process rights - Protection against self-incrimination - Protection against double jeopardy - Provides entitlement to indictment by a grand jury before being prosecuted |
|
|
What is the eighth amendment? |
Rights of the defendant during pretrial correctional phase - Prohibits excessive bail - Prohibits excessive fines - Prohibits cruel and unusual punishment |
|
|
What is the case of Lockyer v Andrade? |
- Andrade found guilty of two petty theft felony courts and has a prior conviction - Sentence to two conjecture terms of 25 years to life - Punishment found not to violate the eighth amendment |
|
|
What is the case of Miller v Alabama? |
- Miller murdered a neighbor with a baseball bat then burned the trailer she was in - Prohibited life imprisonment without the possibility for parole in the case of juvenile homicide offenders |
|
|
What is Sir Robert's Peel's Police strategy and where and when was it completed? |
London 1828 - Prevent crime without oppressive force - Maintain public order by nonviolent means - Reduce conflict between the police and the public - Show efficiency through the absence of crime and disorder |
|
|
What is the political era? |
- Close relationships between police and politicians - After civil war - federal government appointed US marshal to help enforce laws in western territories |
|
|
What is the professional era? |
Progressive movement - Police should be well-trained, organized, and disciplined - Laws should be enforced equally - Force should use new technology - Main duty of police should be to fight crime |
|
|
What is the community policing era? |
- 1970's: Began as a result of civil rights and anti-war movement, rising crime rates, urban riots - More emphasis on keeping order and providing services to the community |
|
|
What is "broken windows" theory? |
- New Jersey increased officer foot patrols in order to decrease crime; crime did not lessen but people felt safer - One window left broken all the windows will break - Squad car v foot patrol - big difference in how community reacts |
|
|
What is problem-oriented policing? |
A community policing strategy - Police should identify underlying causes of problems - Closer interactions between police and community should reduce disorder and fear of crime |
|
|
What four functions are police agencies responsible for? |
Enforce the law, Maintain order, Prevent crime, Provide services to the community |
|
|
What does FBI stand for? |
Federal Bureau of Investigation |
|
|
What is the FBI? |
- Investigative agency within Department of Justice - Power to investigate federal crimes - Fight espionage - Protect against terrorist attacks |
|
|
What are state police agencies? |
- Patrol state highway - Provide complete law enforcement services in rural areas - Conduct statewide drug investigations |
|
|
What are the county agencies? |
Sheriff's and Native American Tribal Police |
|
|
What are sheriff's? |
- Elected - Patrol unincorporated parts of county or small towns w/o police force - Operate jails - Serve court orders - Provide courtroom bailiffs - Police in rural areas |
|
|
What are the Native American Tribal Police? |
- Through treaties, Native American tribes are separate, sovereign nations with significant autonomy - Reservations have been policed either by federal officers of Bureau of Indian Affairs by own tribal police |
|
|
What are municipal agencies? |
- Police in towns and cities have a general law enforcement authority - Sworn personnel are officers with power to make arrests |
|
|
What are special jurisdiction agencies? |
- 4 year college & university police forces - 2 year college police departments - Conservation officers & police in parks and recreation settings - Agencies that enforce the law at specific mass transit systems, airports, and tunnels |
|
|
What is the police recruitment strategies? |
- Applicant requirements & initial training varies - Need to be citizen & have valid drivers license |
|
|
What are ways to improve police recruitment? |
- Shortfalls in staffing is one issue police departments currently face - Engage citizens; tell the police story, hire younger and older |
|
|
What is the probationary periods? |
time when new officers start, paired with an older officer to learn |
|
|
What is the police function order maintenance? |
preventing behavior, insuring order, arresting people who disturb me |
|
|
What is the police function law enforcement? |
involved actual crime control aspect, respond when crime happens |
|
|
What is the police function service? |
interacting with community, doesn't have to be crime, develop repor |
|
|
What is the structure of police bureaucracy? |
Top-down structure |
|
|
How are police departments divided up? |
Departments are usually divided up by the type of policing they do |
|
|
What are the factors that affect the style of policing expected by the community? |
Values and preferences of police executives, influenced by public pressure, social context, and politics, difference in gov, race/ethnic compositions, and degree of urbanization |
|
|
What is the watchman style of policing? |
Stresses order maintenance |
|
|
What is service style of policing? |
Officers cater to citizens |
|
|
What is the legalistic style of policing? |
Marked by professionalism and emphasis on law enforcement |
|
|
What is the working personality of police subculture? |
Two elements of police work define this personality (threat of danger, need to establish and maintain ones authority) |
|
|
What is the police morality of police subculture? |
Part of policing creates dilemmas morality can overcome |
|
|
What is the police isolation of police subculture? |
Isolation from the public stems in may forms |
