• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/153

Click to flip

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;

153 Cards in this Set

  • Front
  • Back
What three things shape our (public) perceptions of crime?
1) Media portrayals
2) Public perception
3) Political perspective
Chances of being victimized in a very serious way are very _______
minimal
Quick fixes are
rapid passage of specific laws designed to address specific criminal behavior
Crime commissions are
politically appointed and legislatively mandated study groups to address complex, large scale crime problems
Crime is
a form of conduct, prohibited by society, in order to maintain social control
Criminal law is
a code or set of codes that categorizes all crimes and punishments by type
Felony
A serious crime that is punishable by incarceration for more than one year
Misdemeanor
Less serious crimes that are punishable by imprisonment for one year or less
Criminalization
The legislative decision to make a behavior a crime
Decriminalization
The legislative decision to remove criminal penalties and change a crime into a non-criminal act
There is no actual criminal justice system, there are actually ______ different government organizations that deal with the management of crime and offenders
55,000
Criminal justice is defined as
the management of police, courts, and corrections, and the study of the causes of and treatment for crime
Due process
The use of accuracy, fairness, and reliability in criminal procedure to protect individual rights in the US, fundamental goals are accuracy and fairness
Norms
Establish social expectations about appropriate behavior in different circumstances
Deviance
A violation of social norm or standard, not all acts of deviance are illegal, some illegal acts are not deviant
Mala in se
"Evil in itself", acts considered inherently evil which include murder, rape, robbery, larceny, and buglary
Mala prohibita
Acts that are illegal because they are prohibited by law. This includes victimless crimes, political crimes, an regulatory offenses
Explanations for crime (four schools)
1) Classical school
2) Positivism
3) Ethical view
4) Structural/conflict view
Four theoretical explanations for crime:
1) Biological determinism
2)Sociological explanations
3) Rational choice explanations
4) Gender based explanations
Biological and psychological explanations for crime involve:
1) Biological
2) Psychoanalytic
3) Cognitive
Sociological explanations for crime include:
1) Learning theories
2) Blocked opportunity
3) Labeling theory
4) Social bond
Rational choice explanations for crime include:
1) Rational choice theories
2) Routine activities theory
Two powerful factors for explaining criminal behavior are:
1) guns
2) drugs
There are three general categories of crime:
1) Crimes against persons
2) Crimes against property
3) Crimes against public order
Rates of criminal homicide have been ____ since 1990s
declining
Rape is
sexual intercourse without effective consent
Sexual assault is
forced sex, vaginally, anally, or orally
Statutory rape is
non-forcible sexual intercourse with a minor
Simple assault is
a thrust against another person with the intent to injure that person
Aggravated assault is
a thrust against another person with the intent to cause serious bodily harm or death
Robbery is
theft from a person using threats or force
Burglary is
unlawful entry into a structure or dwelling in order to commit a crime while inside
Larceny is
the unlawful taking of property with the intent to deprive the owner, it is the most common serious crime
Arson is
the burning of property without lawful consent of the owner
Crime rates are
a better indicator of crime occurrence than raw numbers
Uniform Crime Reports (UCR)
An annual compilation of all crimes made known to the law enforcement since 1930
National Crime and Victimization Survey
An annual household survey of a representative sample of the people in the US, age 12 and older
The following variables are used to describe both perpetrators and victims:
1) Age
2) Gender
3) Race and Ethnicity
The older a person, the ____ likely that person is to be the victim of a violent crime
less
Younger people are victimized more often than old people because
They are more active, they take fewer precautions, and visit more dangerous places at later hours
Women are most frequently arrested for what?
Larceny
Whites account for ______% of all arrest
70
African Americans are most often the victims of _______ __________
violent crime
Hispanics are most often the victims of _________ __________
property crimes
_______ __________ have the lowest crime victimization rates in the US
Asian Americans
Profiles are developed to describe and understand certain crimes and characteristics of offenders and victims. The four types of profiling are:
1) Crime profiling
2)Offender profiles
3) Victim profiles
4) Crime scene profiles
Profiles are used to develop ______ ______ and facilitate the identification and capture of crime suspects
prevention strategies
Criminal Law
Formal rules designed to maintain social control, violations of criminal law are considered crimes against society
Civil Law
Formal rules that regulate disputes between private parties, concerned with issues of personal injury and compensation
Substantive criminal law
Defines prohibited behaviors, provides specific definitions for each prohibited behavior (e.g. rape, robbery, burglary)
Procedural law
Provides rules for adjucation of cases involving prohibited behaviors, designed to ensure fairness and accuracy at all stages of the process
Constitutions
A source of criminal law guidance, fundamental principles of a society that guide enactment and application of laws
Statues
Specific laws passed by legislatures
Case law
Judicial application and interpretation of law as it applies in a given case, Legal precedents are set through case law rulings or findings.
Administrative regulations
Rules applied to organizations that are designed to protect public safety and welfare
Due process
Legal protection included in the US Constitution that guarantees all citizens the right to be adjudicated under establish law and legal procedures
The ____ and _____ amendments are the primary sources of guidance and interpretation of due process rights in the US
5th and 14th
Three elements of a crime must be articulated in any law making a behavior illegal. These elements are:
1) Mens Rea
2) Actus Reus
3) Attendance circumstances (characteristics)
Mens Rea
A conscious decision to commit a criminal act, also referred to as a "guilty mind"
There are two key variables in the "state of mind" requirement of a crime. These variables are _______ and _______.
Reasonableness and intention
The defendant's behavior will be examined within the context of what a _______ ________ would do.
Reasonable person
The defendant's _____ will be examined, within the context of whether or not he or she _______ or purposely engaged in the act
intent, knowingly
Actus Reus
The act, itself. The actual behavior must be committed, as defined by the law.
Attendant circumstances or characteristics
1) Sufficiency
2) Possession
3) Status
4) Voluntariness
5) Omission
There are three kinds of criminal defenses:
1) Defenses related to mental illness
2) Defenses involving force
3) Defense involving justification or excuse
Insanity defense
A plea that the offender was not in the right state of mind to understand the wrongful nature of their crime, first used in the case of Daniel M'Naghten (1843)
Insanity pleas are raised in less than __% of cases that go to trial and of those trials, only __% to __% are successful
2%, 2%, 5%
Defenses involving force include three possible options:
1) Self defense
2) Defense of others
3) Defense of property
Justification/excuse defense options include five possible options:
1) Duress
2) Necessity
3) Mistake of Fact
4) Ignorance or Mistake of Law
5) Entrapment
Duress
Defendant claims the act was done because of immediate threat of serious bodily harm by another person
Necessity
Defendant claims that the act was done because of overwhelming forces of nature (i.e.killing and eating another person to survive)
Mistake of Fact
Defendant claims act was done out of ignorance with no intent to commit harm
Ignorance of Law
Defendant claims that law was not widely known and that he or she could not have been expected to be aware of it
Entrapment
Defendant claims he or she was not predisposed to commit the crime and the intent originated with actions of government officials
There are three main agencies of criminal justice:
1) Law enforcement
2) Courts
3) Corrections
Procedural Law
Specifics how people who are suspected, accused, and convicted of crimes will be treated, guided by the Bill of Rights (first 10 constitutional amendments)
Probable cause
A reasonable link between a specific person and a particular crime, given the totality of circumstances, the threshold required before police can arrest or engage in a search of an individual or an individual's property, provided for by 4th amendment
Warrant
A sworn statement by police that attests to probably cause, signed by judge, required for arrests, searches, or seizures
Arrest
Process of taking a suspect into custody for the purpose of prosecution, requires warrant
After an arrest, the suspect is ____ and _______
Booked, summoned
Booking is
An official record of the arrest
A summons is
A written notice to appear in court, also referred to as a citation
Criminal court procedure has three steps
1) Initial appearance
2) Preliminary hearing
3) Arraignment
Arraignment is
A hearing where the defendant is informed of charges, accused must plead guilty or not guilty
Grand Jury
A group of citizens who hear evidence presented by a prosecutor to determine whether probable cause exists
Indictment
A formal accusation of crime based upon the vote of a grand jury, also called a "true bill"
There are two types of trials:
1) Bench trial
2) Jury trial
Bench trial
A judge determines the guilt or innocence of the suspect
Jury trial
A jury determines the guilt or innocence of the suspect
Standard of proof
The standard of proof needed for determining guilt is the same during bench and jury trials, the judge or jury must determine guilt beyond a reasonable doubt
Reasonable doubt does not mean
100% certain, it means higher standard of certainty than probable cause
Findings of a trial can end two possible ways:
1) Acquittal
2) Conviction
Acquittal
There is a finding of not guilty after trial
Conviction
There is a finding of guilty after trial
Sentencing
The judge decides the most appropriate sentence within limits of law
Incarceration
Segregates the offender from the rest of the community for the purposes of punishment and rehabilitation
Probation
Allows the offender to serve his/her sentence in the community
Appeals
Reviews of lower court decisions by higher courts to look for errors of law or procedure
Appeals are called ____ and explain legal errors made during the trial
Briefs
Most appeals are ________
unsuccessful
A reversal of a conviction is called a ______
mistrial
Police observe behavior and make judgments regarding the _______ of behavior
legality
Both the ______ and supreme court _______ inform the role police have and the extent to which they can use their power.
Constitution, cases
Terry vs. Ohio
Established the standard of "reasonable suspicion" for a "stop" by interpreting the 4th amendment, Defined "stop" vs. "arrest", Defined "frisk" vs. "search"
Reasonable suspicion
Police officer has good reasoning to believe that criminal activity may be occurring, permits brief investigative inquiry of subject, is lower threshold than probable cause
Stop
An interference with a person's liberty or freedom, based upon reasonable suspicion of illegal activity
Arrest
Taking a person into custody for the purpose of prosecution, based on probable cause
Frisk
The patting down of outer clothing of a suspect to rule out presence of a weapon, based on reasonable suspicion, designed to protect the officer
Search
Exploratory inspection of a person or property, requires a warrant based upon probable cause that a law violation has occurred
Exclusionary rule
Legal principle that requires illegally seized evidence to be excluded from trial
Good Faith Exception
Evidence seized with a defective warrant, not based upon probable cause, is admissible in court if police acted in good faith and the error was made by the judge
Knock and Announce
Even with search warrant, police must announce presence and provide resident opportunity to open door (Wilson vs. Arkansas, 1995)
The only occasions when it is alright not to knock and announce are cases where the is the threat of _______ ________ or _________ _________.
Physical violence, evidence destruction
There can be lawful searches without a warrant. There are five occasions when this is appropriate:
1) Searches incident to lawful arrest
2) Searches with lawful consent
3) Searches of evidence in plain view
4) Searches of automobiles and their contents
5) Searches of open fields and abandoned property
Seizure
Government confiscation of a person's property through meaningful interference with a person's possession of that property, requires warrant based upon probable cause, property protected by the 4th amendment
Police Interrogation
Police have authority to interrogate a person, 5th amendment and supreme court rulings provide guidance on limits of official interrogations, must read the Miranda warning (rights)
Four Exceptions to the Miranda Warnings
1) Public safety exception
2) Suspect waives right to counsel
3) Probation officers are not required to give Miranda Warning to probationers
4)Roadside questioning during routine traffic stop is not "custodial interrogation"
Evolution of Policing (5 Steps)
1) Mutual Pledge System
2) Constable
3) Shire Reeve
4) Watch and Ward System
5) New Police Bobbies
Social Disorder in England
Result of the invention of gin (1700s), it was affordable and high in alcohol content
England was in a state of social disorder and lawlessness, this resulted in the creation of what?
The Bow Street Runners
The New Police (1829)
Founded by Sir Robert Peel, it was the first organized police department mainly preventive in nature, Brtish nickname "Bobbie" derives from the founder
Professionalization of Policing in the US (3 main events)
1) August Vollmer's contributions
2) Crime commissions
3) Law Enforcement Administration Agency
August Vollmer
He was the Berkeley Chief of Police from 1905-1932, he supported the development of the polygraph for lie detection, fingerprint identification, firearm identification, toxicology, document examination
Crime Commissions
Focused on improving criminal justice system operations to reduce crime, made recommendations to increase efficiency, professionalism, and improve technology
Law Enforcement Administration Agency
Established in 1968, allocated money for crime control programs, allocated money for college education for police officers, allocated money for weapons for local police forces, abolished in 1980s
Local Police
581,000 full time employees, 80% are sworn officers
State Police
82,000 full time employees, 70% are sworn officers
Federal Law Enforcement Agencies
105,000 full-time law enforcement officers
Local police duties include
They enforce applicable state laws and local ordinances and laws, they investigate accidents and suspected crimes, 19,000 different agencies which include local police, sheriffs, university police, and special police agencies
State police duties include
Engaging primarily engaged in highway patrol activities, about half of all state police agencies have authority to conduct investigative work, every state, except Hawaii, has a state police force
Federal law enforcement duties include
Perform mostly investigative work, can only enforce laws enacted by Congress, major restructuring in 2002 under Homeland Security Act, 17 different agencies
Transnational Law Enforcement
Interpol, includes 177 member nations, supports law enforcement efforts of member agencies on transnational matters
The US has over ______ law enforcement officers, from various different agencies, in countries all over the world
2000
Females comprise about ____% of all local police
11%
African Americans make up ____% of all local police
12%
Hispanic Ameriacns make up more than ___% of all local police
9%
The six characteristics of good service by police officers:
1) Attentiveness
2) Reliability
3) Responsiveness
4) Competence
5) Manners
6) Fairness
Four concerns about policing in the US
1) Multi-jurisdictional cooperation
2) Impact of technology
3) Impact of media
4) Growth of private policing
Campus Law Enforcement
Most four year colleges and universities employ sworn officers with general arrest powers, most sworn officers are armed, 85% of campus law enforcement programs operate general crime prevention plans, violent crime victimization rates of college students has decreased over the past 10 years
Racial profiling
A stereotype about police, an alleged practice whereby police stop and search minorities for minor violations significantly more often than whites
Socialization model
The idea that personality and attitudes of officers are the product of learned behavior on the job
Predispositional model
The idea that personality and attitudes are product of individual values of each officer and is developed prior to entry into service
Discretion
Law enforcement officer's ability to choose between arrest and no arrest
Selective enforcement
An unwritten policy in which police do not have to fully enforce all laws as written
Police Corruption
Illegal acts or omissions of acts by police officers while on duty, includes nonfeasance, misfeasance, malfeasance
Nonfeasance
Failure to perform a legal duty
Misfeasance
Failure to perform a legal duty in a proper manner
Malfeasance
Commission of an illegal act by a police officer
Deadly force
The use of lethal force by police against a suspect
Tennessee v. Garner (1985)
Use of deadly force is subject to the 4th amendment, court ruled that use of deadly force on all felony subjects is only reasonable when there is a significant threat of physical harm to the officer or others
Police brutality
Use of excessive physical force by police while carrying out their duties
Graham vs. Connor (1989)
Police may be held liable under the 4th amendment when they use excessive force, established four facts for evaluating reasonableness of force
Four factors for evaluating reasonableness for use of force:
1) Immediacy of the threat
2) Severity of the threat
3) Whether suspect is resisting arrest
4) Whether suspect is attempting to escape custody