Socl 3371 Set 2

Front 1

4 Characteristics of Criminal Law

Back 1

1) Political Authority: authority of the state.
2) Proscribed Punishments: designated punishments to be administered by the state
3) Specific: not vague (It’s illegal to be bad.)
4) Universal: law applied uniformly to everyone (equal punishment and fairness for all)

Front 2

3 Types of Law

Back 2

1)Common Law: law originating from usage and custom rather than codified law.
2) Statutory Law : written or codified law (law on the books)
3) Case Law (legal precedence): derives by way of judges and appellate court rulings.

Front 3

3 Types of Crime Perspectives

Back 3

Natural Perspective
Social Perspective
Legal Perspective

Front 4

4 types of mens rea

Back 4

-Purposeful
-Knowing
-Reckless
-Negligence

Front 5

6 Elements of a Crime

Back 5

1. Prohibited
2. Actus Reus
3. Mens Rea
4 types of mens rea:
-Purposeful
-Knowing
-Reckless
-Negligence
4. Concurrence
5. Causation
6. Harm

Front 6

2 Types of Crime

Back 6

Mala in se (evil in themselves)
Mala prohibita (the law forbids)

Front 7

Miranda v. Arizona (1966)

Back 7

suspect has right to counsel (C)

Front 8

Terry v. Ohio (1968)

Back 8

search permissible if suspicion (E)

Front 9

Ohio v. Robinette (1996)

Back 9

free to go (E)

Front 10

Tennessee v. Garner (1985)

Back 10

specifies deadly force (C)

Front 11

Chimel v California (1969)

Back 11

“lunge area” (C)

Front 12

Wyoming v Houghton (1999)

Back 12

can search passengers (E)

Front 13

Arizona v Gant (2009)

Back 13

limits police search of vehicle (C)

Front 14

Constitution guarantees the right of ?—which requires that defendants be brought before judges to determine whether their arrest and detainment are lawful.

Back 14

habeas corpus

Front 15

4-State Courts

Back 15

1. Lower Courts/Court of Limited Jurisdiction: misdemeanors and civil cases involving small amounts of money.

2. Courts of General Jurisdiction: (aka circuit, district, superior courts) felony cases and civil cases involving larger sums.

3. Intermediate Appellate Courts: hear 1st appeal, arguments center around conduct of original trial.

4. Courts of Last Resort: final state level of appeal, highest state court.

Front 16

3 Federal Courts

Back 16

1. US District Courts: original jurisdiction over all cases of violations of federal statutes.

2. Federal Court of Appeals/Circuit Courts: hears appeals from the district courts.

3. United States Supreme Court: 9 judges/greatest authority lies in its capacity for judicial review of lower court decisions and state and federal statutes.

Front 17

4 Types of Prosecutors

Back 17

US Attorney General: top federal
US Attorneys: federal prosecutors
Attorney General: chief prosecutor
at the state level.
District Attorney: chief prosecutor at the county level

Front 18

3 Types of Prosecutors Considerations

Back 18

(evidence,
pragmatic, organizational)

Front 19

extended right to counsel to all
indigent (poor) defendants charged
with felonies in state courts.

Back 19

6th amendment: right to counsel.
Gideon v Wainwright (1963):

Front 20

2 Types of Plea Bargains

Back 20

Implicit: defendant throws himself on the mercy of the court hoping for leniency.

Explicit: (2 types)

Front 21

Explicit: (2 types)

Back 21

Explicit: (2 types)

Charge Reductions: prosecutor downgrades or eliminates charges in exchange for a guilty plea.

2. Sentence Considerations: prosecutor recommends a disposition to the judge.

Front 22

John Langbein (1992) The Plea Bargain Debate
3 evils

Back 22

: 1. concentrates power w state, 2. based on coercion, 3. mockery of criminals statistics)

Front 23

The Plea Bargain Debate

Back 23

Favor (court efficiency, less expense, admin efficiency, discretion, lesser penalties)
Against (defendants give up rights, sentences less severe, innocent plea out of fear)

Front 24

Approx. 120,000 trials conducted worldwide annually, ?
take place in the US.

Back 24

90% (108,000)

Front 25

4 types of appeals

Back 25

Affirm: uphold conviction
Reverse: reverse conviction w no further action
Reverse and Remand: decision overturned and sent back to lower court
Remand: sent back to lower court w instructions for additional proceedings.

Front 26

Berkeley Chief of Police (1905-1932), emphasized education, admin reform within departments, and police professionalism (Father of Modern American Policing).

Back 26

August Vollmer

Front 27

According to John Maanen, officers categorize their contacts in 3 ways:

Back 27

1. Suspicious Persons, 2. Assholes, and 3. Know Nothings.

Front 28

(8) A Typology of Police Deviance

Back 28

Corruption of Authority : gratuities.
Kickbacks: rewards for directions (exchange b/t police and businessmen; ex. towing services).
Opportunistic Theft: from arrestees, crime scenes, and unprotected property.
Shakedowns: bribes (officer has knowledge of crime, but takes payoff).
Protection of Illegal Activities: money to protect criminal enterprise (strip clubs, gambling, etc.)
The Fix: quash prosecution or taking up.
Direct Criminal Activities : dirty money, shift penalties.
Internal Payoffs: officers paying officers.

Front 29

Types of Departmental Corruption

Back 29

rotten apples and pockets, pervasive unorganized, pervasive organized)

Front 30

Characteristics of the Likelihood of Excessive Force

Back 30

Low SES of suspect.
Presence of more than one officer.
Alcohol used by either.
If both are young.
Inexperience. (above Kenneth Adams)

Other research: If suspect is a Minority.

Front 31

Sentencing the Offender
Goals / Philosophy 5 objectives

Back 31

Retribution: need for vengeance.
Deterrence: crime reduction through punishment.
Rehabilitation: fundamental changes in offenders.
Incapacitation: separating the offender from society (gross vs. selective).
Restoration: attempt to restore the victim of crime.

Front 32

3 Types of Sentences

Back 32

Probation: substitute for incarceration.
Intermediate sanctions: more severe than probation but less than incarceration (bootcamps).
Incarceration: liberty is taken away (contemporary form of incapacitation)

Front 33

legislature establishes min and max amount of time/money for crime; allows for judicial discretion.

Critics called for Structured Sentencing: proportionality, equity, social debt.

Back 33

Indeterminate Sentencing

Front 34

flat, fixed, definite sentence imposed; limits judicial discretion.
Three-Strikes
Mandatory Minimums

Back 34

Determinate Sentencing

Front 35

“We must focus more attention on the
conditions of incarcerated persons….
To put people behind walls and bars
And do little or nothing to change them
(or their situation)
Is to win the battle but lose a war…
It is wrong. It is expensive.
It is stupid.”

Back 35

Chief Justice Warren Burger

Front 36

(1790): rehabilitation/deterrence

Back 36

Penitentiary Era

Front 37

Mass Prison Era

Back 37

(1825): incapacitation/deterrence

Front 38

Reformatory Era

Back 38

(1876): rehabilitation

Front 39

Industrial Era

Back 39

(1890): incapacitation/ restoration

Front 40

Punitive Era (1938

Back 40

(1938): retribution

Front 41

Treatment Era

Back 41

(1945): rehabilitation

Front 42

Community-Based Era

Back 42

(1967): restoration/rehabilitation

Front 43

Warehouse Era

Back 43

(1980): incapacitation

Front 44

Just-Deserts Era

Back 44

(1995): retribution/incapacitation/deterrence