Soc Final

Front 1

The U.S. Adversary system of Justice and the Inquisitional System

Back 1

innoncence is assumed and burden of proof is placed on the court

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Mens Rea (Criminal Intent)

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a person's awaremness of what is right and wrong, but intent on violating it

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Plea Bargin

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agreement among prosecutor, judge, and the accused's attorny a the chrges and sentence if admitting to guilt

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True Bill

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a grand jury's endorsement of the charge or charges specified in bill

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Kansas City Expriment

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normal (one car cruising) proactive (more han one car cruising) and reactive (no cars cruising until called) as the 3 levels of preventive patrol

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Indictment

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written charges returned by a grand jury based on evidemce presented to it by prosecutor

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warrant

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a written order giving authorization to arrest issued by a magistrate

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Fruit of Poisonous tree

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doctrine that evidence seized illegally is considered tainted and cannot be used

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escobedo doctrine

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when process shifts from investigatory to accusatory to get a confssion, the accused must be allowed to consilt with attorny

Front 10

plain view doctrine

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from Harris v. US anything a police officer ses in plain view when officer has a right o be were they are is admissable as evidence

Front 11

Indianapolis v. Edmond

Back 11

poice checkpoints aimed at discovering drugs were in violation of 4th amendment

Front 12

Terry v. Ohio

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when a police officer observes unusual conduct and suspects a crime is about to be omitted, he may frisk a suspect's outer clothing for dangerous weapons

Front 13

US v. Leon

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the 4th amendment exclusionary rule does not bar the use of evidence obtained by police officers acting in objectively reasonable reliance on a search warrant issued by a magstrat but ultimately unsupported by probably cause

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exclusionary rule

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prohibits the use of illegally obtained evidence in court

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Plain feel

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when officer conduct terry-type searches for weapons, they are free to sieze utems detected through their sense of touch

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Voir dire

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an oath sworn by a jury regarding their qualifications

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venire

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a writ that summons jurors

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"Three Strikes"

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after being convicted for three crimes, its automatic imprisonment

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challange for cause

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sound legal reason to remove a potential juror

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peremptory challange

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objection to a prospective juror for which no reasons must be assigned

Front 21

Gideon v. Wainwright

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an indignant defendant charge in a state of court with any non-capital felony has the right to counsel under the 14th amendment

Front 22

Batson v. Kentucky

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a prosecutor's use of peremptory challanges to exclude from a jury a member of the deffendant's race solely on racial grounds in in violation to equal rights

Front 23

evidence

Back 23

any species of proof

Front 24

drug diversion courts

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court monitored drug treatment under a deffered prosecution or deferred sentencing arrangement

Front 25

duncan v. Louisiana

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the 14th amendment's guarantee of due process requires states to provide trial by jury to persons accused of serious crimes

Front 26

sentencing reforms act

Back 26

make justice system more accountable to the public by developing a sentencing system which structures or guides but does not eliminate to use of judicial discretion

Front 27

federal sentencing guidlines

Back 27

reduce judicial discretionand thereby ensure more equal punishments- resulted in greater uniformity

Front 28

truth in sentencing

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laws that require offenders to serve a substantial portion of their sentences

Front 29

Martinson report

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reaction to the massive evaluation of prior efforts at correctional intervention. said nothing works and it created a sensation

Front 30

Wilson v. Seiter

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an inmate alleging that the conditions of their confinement violate the 8th amendments prohibition against cruel and unusual punishment

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Estelle v. Gamble

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the deliberate indifferance of prison officials or personnel to the serious medcal needs of inmated constitutes as cruel and unusual punishment

Front 32

Missouri Plan

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a method of selecting judges in which the governor, the bar association, and the voters all participate in the process

Front 33

sequestration

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the removal of jurors from all possible outside influences

Front 34

writ of habeas corpus

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directs the person holding a prisoner to bring them to an official to determine lawfulness of imprisonment

Front 35

writ of certiorari

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ordering a lower court to "forward up the records" of a case it has tried in order to review it

Front 36

furlough

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an authorized, unescorted absence from a correctional institution for a specified period

Front 37

New York v. Quarles

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miranda rights do not require officers to refrain from asking questions reasonable prompted by a concern for public safety

Front 38

Due process model of justice

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stresses possibility of error in states leading to trial; need to protect rights; justice is better served if everyone gets fair day in court (Warren Court)

Front 39

statutory law

Back 39

created by statue handed down by legislatures

Front 40

Crime Control Model

Back 40

emphasizes efficiency; most important function is repression of criminal conduct; premium on speed and finality; can over look technicalities and rights (Burger Court)

Front 41

common law

Back 41

judge-made law; body of decisions

Front 42

Constitutional law

Back 42

law set forth in constitution of US; supreme of the land; define nature and limits of governmental power, rights and duties of individuals

Front 43

administrative law

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branch of public law that deals with the powers and duties of gov't agencies; admin agencies; not directly concerned with criminal behaviors

Front 44

Biological theories

Back 44

the causes of crime are theresult of some biological or physical element; born, not made

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criminal anthropology

Back 45

physical attribtes of criminals; slanting forehead etc. nonphysical as well, i.e. lack of morality

Front 46

hereditary

Back 46

"bad" hereditary causes criminal behavior

Front 47

inferior body types

Back 47

eugenics idea; endomorph- saggy body, relaxed mind; ectomorph- thin body introverted mind; mesomorph- muscular body, agressive mind

Front 48

aberrant chromosomes

Back 48

instead of xx or xy its xyy

Front 49

human nature

Back 49

a portion of criminal behavior is innate

Front 50

sociocultural

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how crime is related to society/ culture structure and process theories

Front 51

social disorganization theory

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links crime rates to neighborhood ecological characterstics

Front 52

anomie theory

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existing rule habe little impact, direct result of strain where chances for prosperity are slim; conformity (+ +); ritualism (+ -); retreatim (- +) rebellion (- -)

Front 53

general strain theory

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why strain theory is true; prodiced by negative elationships

Front 54

opportunity theory

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criminals eed access to opportunities

Front 55

social/ cultural theories

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criminality is a function of individual socialization

Front 56

differential association

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criminal behavior is learned

Front 57

differential reinforcement

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reinforced behavior by instrumental conditioning

Front 58

social control theory

Back 58

people are rational beings in which the motivations behindtheir behavor are to maximize pleasure and minimize pain; four bonds- attatchment, commitment, involvement, beliefs

Front 59

labeling theory

Back 59

primary deviation- violation of a norm, offensive act, or characteristic; secondary deviation- results from societal reaction of crime

Front 60

part 1 offenses

Back 60

most serious crimes: homicide, rape, robbery, assult, burglary, theft, and arson

Front 61

part 2 offenses

Back 61

less serious crimes; assults, forgery, fraud, embezzlement etc.

Front 62

homicide

Back 62

killing of one person by another (muder, manslaughter etc) various degrees

Front 63

felony-murder doctrine

Back 63

any deathsresulting from arson or any other felony is considered as homicide

Front 64

assult

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intentional attempt to phsically injure someone (battery is nonlethal) (aggrevated- intent to commit serious physical harm) (simple- no serious harm intended or inflicted)

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robbery

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taking of money or goods from a victims person though the use or threat of force

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arson

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malicious burning of the dwelling or another person (or explosives)

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burglary

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invasion of dweeling with intent of commiting a felony therein

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property offenses

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larceny- taking and carrying away personal propertyof another with the intent of keeping it permanently

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theft

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unlawful taking or possesion of another's property (embezzlement)

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rape

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unlawful carnal knowledge of a female without consent or against their will

Front 71

drug violations

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nonmedical use of drugs

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others

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hate crimes, domestic violence, organized crime, hite collar crime

Front 73

due process law

Back 73

bill or rights; substansive- protects people against unreasonable laws or acts of government' procedural- notice hearing and other prodecures required before the life, liert, or property of a person can be taken by the government

Front 74

criminal justice

Back 74

all the agencies and procedures set up to manage both crime and those accused of violating criminal law

Front 75

law enforcement

Back 75

prearrest investigation, arrest, booking, peacekeeping, patroling

Front 76

courts

Back 76

states and federal
state level: lower/ inferior courts; major trial courts; intermediate apellate courts; courts of last resort
f: US magistrates; district; courts of appeals; supreme court (they affirm, revers, and remand)

Front 77

correction facilites

Back 77

punishment vs. reinforcement (prisons and jails) home incarceration (house arrest)' clinial treatment

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Rehabilitation process

Back 78

people who commit crimes have identifiable reasons for doing so that can bediscovered, addressed, and altered.

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Front 88

Legislative/ Administrative Branch

Back 88

statues laws, policies, procedure, budgets (congress)

Front 89

law Enforcement

Back 89

enforce, investigate, get evidence, take into custody, place under arrest
local police, state police, federal police (fbi)

Front 90

Corrections

Back 90

basic goal is to correct inmates, overall goal is public safety

Front 91

rehabilitation

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focuses not on punishment, but on treatment (60-70% of juveniles hav mental illness)

Front 92

crime rate

Back 92

gradual increase in 60s and 70s until 81. increased again in 86 with war on drugs until 90/91