Ccjs230

Front 1

To avoid the void for vagueness problem, statutes must have three characteristics:

Back 1

) must give fair notice or warning to those subject to them 2) must guard against arbitrary and discriminatory enforcement 3) must not unreasonably deny people their first amendment rights

Front 2

Actus reus

Back 2

A criminal act

Front 3

Mens rea

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A criminal intent

Front 4

Concurrence

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Act and intent are joined

Front 5

Causation

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Act leads to harm

Front 6

Resulting harm

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The specific result defined in the criminal statute

Front 7

Crime Control takes up ___% of the officer's time

Back 7

10

Front 8

Order Maintenance Role takes up __% of the police officer's time

Back 8

90

Front 9

Skolnick: 3 Elements that bring about this change

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1) Danger: officers are able to pick up suspicious behavior
2)Authority: Officers become bossy and controlling
3) Efficiency: Officers tend to ignore their emotions, become detached to the outside world, and rush things

Front 10

Old Style Crime Fighter

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Very Picky, Controlling, Aggressive

Front 11

Service Officer

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Not Overly aggressive, coercive, very pcky, not receptive of minor crime, highly focused on major crimes

Front 12

Clean Beat Crime Fighter

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everything bothers them, devoting heavy duty attention to all forms of crime, violent and coercive (not a good type)

Front 13

Professional

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deals with all types of crime without going overboard. MOST APPROPRIATE ACCORDING TO BROWN

Front 14

passion

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ability to integrate oercion into one's morlas (being able to justify violence by recognizing that it may become necessary)

Front 15

Perspective

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"intellectual objectivity" (being able to see the big picture, not taking things personally, ahving a controlled crime focus)

Front 16

Legalistic Department

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opposite of the watchman department; located in cities; crime control is the main concern; formal ways to resolve issues (ie: arrets)

Front 17

Service Department

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located in the suburbs; crime control and order maintenance are equally important; consider both formal and informal ways of resolution (best way by Wilson)

Front 18

Exclusionary Rule

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if evidence is not obtained by legal means (not through due process) cannot be used in trial. Derived from 4th amendment of protetion from unreasonable searches and seizures

Front 19

Search Warrants

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an order from the court telling the police to conduct a search

Front 20

Arguments for Exclusionary Rule

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1) Deters Police Misconduct 2) embedded in 4th amendment 3)judicial integrity 4) protect civil liberties

Front 21

Arguments Against Exclusionary Rule

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1) Makes police jobs harder 2)Exlucionary Rule does not deter crime 3) Exclusionary rule is too infelxible 4) There is no benefit to society (benefits criminal more)

Front 22

Search Warrant

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probable cause is necessary for the acquiring of a search warrant

Front 23

Police can search anywhere with a search warrant that a _________ __________ would hide an item

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reasonable person

Front 24

anything found while legally searching with search warrant _____ be used in the trial

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can

Front 25

Exceptions to the Search Warrant Preference

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1) Search Incident to Arrest (complete search of the person during the time of arrest) 2) Grab Area Search 3) Hot Pursuit 4) Plain View 5) Plain Smell

Front 26

Proprietary Right

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landlords cannot give right to seafch homes, but landlords can let police go in for health and safety concerns

Front 27

Roommates can allow cops to search their own room and common areas but _______________ still apply

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plan view searches

Front 28

parents have proprietary rights and can allow cops to go into their child's room UNLESS ___________________

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the child pays rent at their parents house

Front 29

Employers ______ give permission to search through employee's area

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cannot

Front 30

Police _______ allowed to search locker's w/o students permission

Back 30

are

Front 31

A frisk _____ a search

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not (it is a pat down of clothing)

Front 32

Mapp v. Ohio

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police found evidence illegaly. HOLDING- the bottom line decision of the case

Front 33

affidavit

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a statement of probable cause

Front 34

Aguillar v. Spinelli

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veracity of knowledge must be evidence that the informant was believable through proven track record and/or corroborating evidence

Front 35

5th Amendment

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protection against self-incrimination

Front 36

6th Amendment-

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right to the assistance of counsel/attorney

Front 37

Miranda v. Arizona

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Miranda did not make a voluntary confession because it was coerced

Front 38

Holding

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anytime custodial interrogation occurs, it is inherently coercive and because it coercive the suspect is entitled to certain rights

Front 39

interrogation

Back 39

asked police-initiated questions designed to elicit incriminating statements

Front 40

Exceptions to Miranda

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1) Confessions are not used in court 2)Volunteering information 3) General, on the scene of crime questioning 4) Confessions that are given while filling out of standard accident/incident reports 5) Stop and Frisk 6) Non-Testimonial Evidence

Front 41

A stop is not an arrest but a

Back 41

brief detention

Front 42

Terry V. Ohio

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Gave police legal authority to conduct stop and frisks

Front 43

Passive Resistance

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subject uses a physical action that is not intended to prevent the officer's control, yet is still a form of resistance (ex: standing still when officer asks you to move)

Front 44

Defensive Resistance

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ex: running away from the officer

Front 45

Aggravated Active Aggresion

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subject is trying to do severe bodily harm or death to the officer