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59 Cards in this Set

  • Front
  • Back
What are the 5 major assumptions of Juries and Jurors
Tabula Rasa
Focus on evidence
complete and accurate information processors
Jurors can suspend judgment
deliberations are unaffected by group pressure
What is the formula for field theory
B=F(P,E) Behavior is a function of people on the environment
What are the 4 approaches for the study of the legal system
Psychological Approach
Sociological Approach
Philosophical Approach
Anthropological Approach
Psychological Approach
Behavior is a function of personal, internal qualities as well as the setting in which they operate
Anthropological Approach
Societal factors influence crime
Sociological Approach
How society and it's institutions determine their role in adhering to the laws
Philosophical Approach
Seeks to understand the nature of justice and the difference between what is legal and what is moral
4 Dilemmas that stem from choices to be made about the law
Rights of individuals vs. the common good
equality vs. discretion
discover the truth vs. resolve conflicts
science vs. the law as a source of decisions
Principle of equality
The same treatment for all people who commit the same crime
Discretion
Using judgment about the circumstances of certain offenses that lead to variations in how the system responds to the offenses.
Equality vs. Discretion
Whether punishments should be meted out equally without regard to individual circumstance or discretion
Individual Rights vs. Common Good
What constitutes probable cause
Determinant Sentencing
The offense determines the sentence and the courts have little discretion
What are the 2 primary modes of the criminal justice system
Due Process and Crime Control
Legality
Requires all laws to be clear and for decision makers to resolve disputes with established laws
Morality
How the law stands in support or contrast to the social mores and rules of the society at large
Justice
Equity - All participants of a group receive outcomes that reflect contributions that they have made
8 Levels of Intent
Reflex Action
Action out of unconscious
Action under stress
action under hypnotic suggestion
action under social pressure
action where the consequence is foreseeable
Conscious action with conscious intent
AND model of attribution
Observe someone's behavior-dispositional inference-situational correction
Preconventional levels
Punishment and Obedience
Hedonisitic Orientation
Conventional
Good Boy/Girl
Law and Order
Post Conventional
Social Contract
Universal Ethical Principles
Jury Nullification
A mechanism and a defense which allows the jury as representatives of the community to disregard the law and evidence and acquit defendants who have violated the letter but not the spirit of the law
Jury Selection Process
Venire
Voir Dire
Bias Questions
Death Penalty Opinions
Probe for History of Vicitimization
Venire
Panel drawing of jurors from 30 to 200
Voir Dire
Jury Selection
Peremptory Challenge
Exclusion of a certain number of potential jurors without reason
Profiling Inputs
Collection and Assessment of all materials relating to specific cases
Decision Process Models
Arranging all of the gathered information into a logical and coherent pattern
Crime Assessment
Reconstruction of events that helps in the assessment role of a crime
Criminal Profile
Providing a list of background characteristics; also informs investigators on how to identify and apprehend the perpetrator
Investigation
Profiles are incorporated infor generating suspects
Characteristics of Organized Offenders
Above Average Intelligence
Socially and Sexually Competent
High Birth Order
Stable Family of Origin
Characteristics of Disorganized Offenders
Below Average Intelligence
Unskilled work history
unstable family of origin
loner
5 Factor model of investigative psychology
Interpersonal Coherence
Significance of Time and Place
Criminal Characteristics
Criminal Career
Forensic Awareness
Interpersonal Coherence
The belief that criminals will relate to their victims in a similar way that they deal with people in their everyday lives
Significance of Time and Place
Provides the analyst with information about offender mobility and guides inferences about where they live
Criminal Characteristics
Allows researchers to develop subsystems for classification of offender groups
Criminal Career
Assessment that is made to determine whether the offender may have engaged in criminal activity in the past
Forensic Awareness
Any evidence that an offender has knowledge of or may be privvy to police techniques and procedures relating to evidence collection
Behavioral Evidence Analysis
Equivocal Forensic Analysis
Victim Assessment
Crime Scene Characteristics
Offender Characteristics
Equivocal Forensic Analysis
Assessment of the most likely meaning of the evidence
Victim Assessment
Victim profiling similar to perpetrator profiling
Crime Scene Characteristics
Distinguishing features of a crime scene as evidenced by an offender's behavioral decisions regarding the victim and the offense location and their meaning to the offender
Offender characteristics
Offender's behavioral and personality characteristics are informed by the preceeding steps
Strain Theory
The belief that the American Dream is unattainable leads to crime as equity
5 Modes of adaptation in reaction the the American Success Goal
Conformity
Innovation and Acceptance of Goals
Ritualism
Retreatism
Rebellion
9 principles of Social Learning Theory of Crime
Criminal Behavior is not Innate
Criminal Behavior is learned through communications
Learning takes place in intimate groups
Learining of criminal behavior involves learning how to commit crimes, motives and attitudes
People learn motives and attitudes about the law that are either positive or negative
People will differentially associate with the definititons that are favorable to violating the law
Differential associations depend on frequency, duration, priority and intensity
Learning criminal behavior follows the same principles as other forms of learning
Criminal behavior is not necessarily an expression of needs and values
4 Elements of Social Control Theory of Crime
Attachment
Commitment
Belief
Involvement
Labeling Theory
People become stigmatized by the label
Rational Choice Model
Background characteristics may predispose someone to crime
Routine Activity Theory
Crimes need 3 elements: likely offender, suitable target, absence of a capable guardian
Rational Choice Theory
Crime benefits the offender
Situational Crime Prevention
Influence an offender's decision or ability to commit crimes at particular times and places
Opportunity Theory
Opportunity causes crime regardless of criminal inclination
Displacement Theory
What type of crime may occur when another type of crime is committed
Free and Voluntary Rule
Suseptibility of the Suspect, environment and methods used
What is meant by a valid confession
If the suspect's post-admission narrative leads to previously unknown ecvidence it is assumed that the confession is valid
What is the law of torture?
Only those highly likely of guilt would be tortured.