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171 Cards in this Set
- Front
- Back
- 3rd side (hint)
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When was the first police force formed?
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London 1829
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What are the three major English roots founds in American Policing?
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1) limited authority
2) local control 3) fragmented organization |
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What are Watchmen?
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Appointed men to hep the constable, usually patrol at night, in charge of lighting the street lamps, and putting out fires
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What were "thief takers"?
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Henry and John Fielding pursued and arrested lawbreakers
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What were the first positions of law enforcement?
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1) Constable
2) Sheriff 3) Night Watchmen |
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Samuel Walker described these people as the first Modern Police?
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Slave Patrols
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What was the Political Era of Policing?
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-1840 to 1920
-police and local political leaders had close ties with one another -ranking often went to the highest bidder |
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What is Posse Comitaus?
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-latin for power of the country
-rural areas had sheriffs -local men above the age of 15 were required to respond to sheriff's call for assistance |
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What is the Professional Model Era in policing?
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-1920 to 1970
- influenced by the progressive movement that called for more efficient government with more gov. services to assist the less fortunate |
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"The Police need to get out of politics, and politics has to get out of the police"
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Progressive Movement during the Professional Model Era
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What did August Vollmer advocate?
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1-initiated the motorcycle unit
2-Hadwriting Analysis 3-Finger Printing |
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What are the six elements of Professional Policing?
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1-force should stay out of politics
2-members should be well trained, disciplined, and tightly organized 3-Laws should be enforced equally 4-Personell procedures should be based on merit 5-force should use new technology (eg. fingerprinting) 6-the main task of force is to fight crime |
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When did police see themselves a crime fighters but the public saw them as not public servants?
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the Professional Model Era
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What did O.W. Wilson promote for police?
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1-motorized patrol
2-efficient radio communications 3-rapid response during the professional model era |
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What two organizations promoted training standards,use of new technologies, and code of ethics?
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1-International Association of Chiefs of Police in 1902
2-Fraternal Order of Police in 1915 |
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What is the community policing era in policing?
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1970 to present
-Emphasis on Keeping order and providing services for the community |
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What has research revealed on number of patrol officers and crime rate?
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increasing the number of police officers in a neighborhood has little effect on the crime rate
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What has research revealed for rapid response to calls?
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the rapid response to calls for service does not greatly increase the arrest rate
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What does research tell us on improving the crimes solved percentage?
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It is difficult to improve
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James Wilson and George Kelling argued that policing should work more on little problems, provide services, and reduce fear of crime. What were their assumptions?
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1-Neighborhood disorder creates fear
2-Unintended disorderly behavior signals a lack of care from a community 3-If police are to handle disorder, they need the assistance from the citizens |
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What is Herman Goldstein's Problem Oriented Policing?
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Instead of police focusing on crime and disorder, they should identify the underlying case of the problems.
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What do quality of life crimes include?
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people who loiter, panhandle, harassment, solicitation
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What are the four major functions of police agencies?
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1. Enforcing the law
2. Maintaing order 3. Preventing Crime 4. Providing Services to the community |
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How many officers serve in the state and local agencies? Federal Agencies?
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-800,000
-88,000 |
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Where do police expenditures come from?
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70% comes from the local level.
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When was the FBI created
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-1908 under the name Bureau of Investigation and was renamed in 1935 as the Federal Bureau of Investigation
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What is the number one priority of the FBI?
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Protect the U.S. from terrorist attacks
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What is the list of priorities for the FBI?
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1-protect US from terrorist attack
2-Protect US from foreign intelligence operations and espionage 3-Protect US from cyber-based attacks/high technology crimes 4-Combat public corruption at all levels 5-Protect Civil Rights 6-Combat transnational and national criminal organizations/enterprises 7-Combat major white-collar crime 8-Combat significant violent crimes 9-Support all law enforcement partners 10-Upgrade technology to successfully perform |
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What are special Federal Law Enforcement Agencies?
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-DEA
-IRS -Bureau Alcohol, Tobacco, Firearms, and Explosives -National Parks Service -US Dept. of Education (student loan fraud) -US Dept. of Health and Human Services (medicare/medicaid fraud) |
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What Federal Law Enforcement Agency was created after 2011?
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Department of Homeland Security in response to September 11th
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Who is a sworn personnel?
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Officer with the power to make arrests
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3 Functions of police are?
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1. keep order maintenance
2. law enforcement 3. public service |
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What are officers required to do for Oder Maintenance function?
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-Decide whether a law has been broken
-Whether an action should be taken -And who should be blamed |
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What is the function of the police bureaucracy in the CJS?
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1-Police are the gateway for information and individuals to enter the Criminal Justice System (first ones seen)
2-Police administrators are influenced by the outcome of cases being largely decided by others 3-Police are expected to observe/obey orders from superiors but also are expected to make independent and discretionary judgments |
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What constitutional right bans officers form unreasonable searches and seizures?
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4th Amendment
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James Wilson describes 3 different types of policing what are they?
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1-Watchmen
2-Legalistic 3-Service |
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What is legalistic policing?
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Upholds a single standard of community conduct, even if there are recognized different conducts. Emphasis on professionalism and law.
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What is Service policing?
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Police are expected to be personal with local residents. More serious crimes like burglary and assault are taken more seriously than minor infractions. Often just give warnings
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What is Watchmen policing?
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Encourage Order Maintenance function. Deal with many infractions informally based off of discretion. Only make arrests when order cannot be maintained.
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1/5 Americans comes into contact with police every year. What are the circumstances of the contacts?
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-1/3 are seeking help/offering assistance
-1/3 are witness or reporting a crime -1/3 police initiated contact |
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What are five important factors for police consider when using discretion?
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1. Nature of crime
2. relationship between criminal and victim 3. relationship between the police and criminal or victim 4. Race/Ethnicity, Age, Gender, Class 5. Their Police Department's Policy |
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What percentage of female assault is domestic violence?
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-20%
for men it is 3% |
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What is required of 23 states and District of Columbia when police encounter Domestic Violence cases?
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-An arrest, even without a warrant, even if they weren't responsible
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What are the four main sources of a Probable Cause?
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1. Personal Observation-based off of the police officers own personal training and experience
2. Information-recieved from a witness, victim, informant, etc, that is reliable and believable 3. Evidence 4. Association-person with known criminal background around an area of criminal activity |
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What is the Exclusionary Rule?
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-any evidence obtained during the violation of the accused's 4th, 5th, and 6th amendment rights are not admissible in court
-Established federally in the case of Weeks v. United States |
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What is a stop and frisk?
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-Two separate acts
-stop is detaining a suspect -frisk is a physical "pat-down" |
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Terry v. Ohio Ruling
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Supreme Court ruled that an officer must have reasonable belief with facts that can be specified and articulated before making a "stop".
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In order to make an arrest, what 4 elements must be established while making the arrest
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1-Intent:officer intends to arrest
2-Authority: officer states the law that give him the right to arrest 3-Seizure or Detention:the individual submits to the control of officer 4-Understanding: The individual understands that they've been arrested but is unnecessary if person is intoxicated, unconscious, or insane |
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What are the 4 categories of items that can be seized during the issue of a search warrant?
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1-items resulting from a crime (stolen goods)
2-Inherently illegal items (drugs) 3-Evidence of a crime (weapon) 4-Items used during the commission of a crime |
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When can a search and seizure be done without a warrant?
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1-it is incidental to an arrest
2-voluntary consent 3- movable vehicle 4- abandoned property 5- items are in plain view (Coolidge v. New Hampshire) |
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What is a showup?
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When a suspect is apprehended near the scene of a crime and matches the description from a witness.
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What is a photo array?
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No suspect is in custody but there is a general description or mug shot of the person to show to witness or victim to match for a possible id.
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What are lineups?
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Lining up several physically similar people, including the suspect for a possible identification.
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How much force is allotted to police making an arrest?
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Reasonable levels of force
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What case established the Miranda Rights?
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Miranda v. Arizona
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What is the American Court Structure?
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dual court system for states and federal
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What type of jurisdiction does a court have if they can hear any case?
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general jurisdiction
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Appellat courts review...
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cases for errors of law
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Who are district court judges appointed by?
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Appointed by the President, confirmed by the Senate
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Can the circuit court of appeals refuse to hear a case?
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No, must hear all cases
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What is the "rule of four"?
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When 4 of the 9 justices vote to hear a case
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What is a "writ of certiorari"?
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Supreme Court ordering the records of a case be sent for review.
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What are the decision options of the Supreme Court?
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1) Affirm the verdict
2) Modify the verdict 3) Reverse the verdict and require a retrial or resentencing |
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Which courts handle minor violations such as traffic violations?
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Trial Courts of Limited Jurisdiction
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What do trial courts of general jurisdiction do?
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-Have the authority to try all civil and criminal cases
-Can hear appeals from lower courts |
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What was the first specialty general jurisdiction court?
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Drug Courts resulting from the increased drug cases from the war on drugs
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What are the only two courts that have discretion on which cases to hear?
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1-Supreme Court
2-State Courts of Last Resort |
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What are the purposes of courts?
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1. "Do Justice"
2. Appear to do justice, mainly through upholding due process 3. Provide a forum for disputes to be resolved peacefully and justly 4. Condemn/Blame violators of the law 5. Determine legal status 6. Protect individuals from government action |
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Who are the key actors of the court process?
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1-prosecutor
2-judge 3-defense attorney |
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Who is the most powerful actor of the court process?
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prosecutor
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Do prosecutors have to prosecute for all the charges evidence will support?
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No
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What are the three conditions to charge and prosecute a case?
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1-crime has been committed
2-perpetrator can be identified 3-sufficient amount of evidence to support a guilty verdict |
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Who recommends the amount for bail?
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Prosecutor, but final decision rests on judge. However judges usually don't want to be the ones in trouble if the bail was set too high or too low.
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When is a right to council allowed?
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-interrogations
-preliminary hearings -police lineups -first appeals -revoking of parole/probation hearings -any case involving a felony or misdemeanor and imprisonment is a punishment option |
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What is the amount of time a public defender typically spends with his/her client?
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5 to 10 minutes
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What is the difference between court appointed lawyer and public defender?
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court appointed lawyers are provided for criminal suspects, and public defenders are provided to people charged with crimes.
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How can judges be selected?
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1-Merit Selection
2-Election |
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What is the merit-selection process?
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Governor appoints a judge from a list of qualified lawyers form a nonpartisan nominating commission.
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Who makes up the nonpartisan nominating commission?
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lawyers and other citizens
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What is the fee for bail?
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10% of the actual set bail
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What does the preliminary hearing establish?
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the judge determines that there is probable cause to support the prosecution's charges
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How many make up a grand jury?
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12 to 23 citizens
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What is the purpose of an arraignment?
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1) hear formal information of indictment
2) the defendant to enter a plea |
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In a criminal trial who has the burden of proof?
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the Prosecution
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What is a trial by jury's purposes?
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1-protect citizens from arbitrary law enforcement
2-Prevent government oppression 3-Protect citizens from corrupt or overzealous prosecutors and biased judges 6th amendment right, but are rare |
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What is William Penn's "Great Law"?
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based on humanity and rehabilitation
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What was the first penitentiary?
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Walnut Street Prison: used silence and labor for rehabilitation
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What is the congregate system?
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Silence was imposed but inmates worked and ate together
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What was the difference between 1800's New York and Pennsylvania prisons?
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Pennsylvania imposed total silence, and New York used the congregate system.
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What are the factors that have contributed to the dramatic prison population growth in the last decades?
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1-enhancement and stricter enforcement of drug laws
2-probability of incarceration increased 3-serving more time for crimes 4-federal prisons have grown 5-women incarceration rates have risen |
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What is the custodial model of a prison?
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Assumes the prisoner is incarcerated for incapacitation, deterrence and retribution.
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What is the rehabilitation model?
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The well being of the individual prisoner is put first and security is second. Often includes treatment programs within the prison
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What is the reintegration model?
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The prison is a training ground to prepare inmates to re-enter society.
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What are Maximum Security Prisons?
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-security and surveillance are top priority.
-usually large with cell blocks |
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What are Medium Security Prisons?
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-Have more educational and treatment programs
-inmate contact is more prevalent -rarely walled, but usually have high fences |
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What are Medium Security Prisons?
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-Have more educational and treatment programs
-inmate contact is more prevalent -rarely walled, but usually have high fences |
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What are minimum security prisons?
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-can have TV's and/or computers
-can leave grounds for educational and/or employment purposes |
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What are minimum security prisons?
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-can have TV's and/or computers
-can leave grounds for educational and/or employment purposes |
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What are Supermaximum security prisons?
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-one person cells
-in cell for up to 22 and half hours a day -constant surveillance |
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What are Supermaximum security prisons?
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-one person cells
-in cell for up to 22 and half hours a day -constant surveillance |
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What kind of management do prisons engage in?
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Militaristic with a hierarchical chain of command
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What kind of management do prisons engage in?
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Militaristic with a hierarchical chain of command
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What are the important aspects of prison governance?
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Provide inmates with...
1) a sense of order 2) basic amenities (clean living conditions and acceptable food) 3) services like vocational and educational training |
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What are the important aspects of prison governance?
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Provide inmates with...
1) a sense of order 2) basic amenities (clean living conditions and acceptable food) 3) services like vocational and educational training |
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How many people spend time in jail each year?
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7 million people
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How many people spend time in jail each year?
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7 million people
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What is it called when corrections officers are in continuous physical contact of inmates all day?
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Direct Supervisional Approach
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What is it called when corrections officers are in continuous physical contact of inmates all day?
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Direct Supervisional Approach
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What was the "hands off doctrine"?
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the state refused to consider any inmate complaints regarding the problems of their prison environment.
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What was the "hands off doctrine"?
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the state refused to consider any inmate complaints regarding the problems of their prison environment.
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What did the Supreme Court rule in Ruffin v. Commonwealth?
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prisoners are considered as slaves to the state
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What did the Supreme Court rule in Ruffin v. Commonwealth?
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prisoners are considered as slaves to the state
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Up until 1944 what was the use of habeas corpus?
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habeas corpus petitions were allowed only to challenge the lawfulness of their confinement.
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Up until 1944 what was the use of habeas corpus?
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habeas corpus petitions were allowed only to challenge the lawfulness of their confinement.
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Compensation for damage to property or people's injuries
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Torts
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What allows government to take privately owned property, often in drug enforcement?
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Civil Forfeiture
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"To convict a defendant of a crime, prosecutors must prove that all seven principles have been fulfilled"
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Jerome Hall
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What is malice aforethought?
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murder is a deliberate, premeditated, and willful killing of another human being.
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Does person know right from wrong?
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M'Naughton Rule for insanity defense
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What was the fundamental fairness doctrine?
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implemented during the 1930s-to 1960's more strictly had states abide 4th,5th,6th, and 8th amendments.
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What amendment(s) protect the right to "adequate" and "proper" medical care?
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5th, 8th, and 14th amendments
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Who was the real Warden Brubaker?
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Thomas O. Murtonin Arkansas
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Restricts inmate lawsuits and discourages "abusive" filers from bringing suit to their keepers?
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Prison Litigation Reform Act
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Who are the least likely to be called for jury duty?
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The poor, poorly educated who are not registered to vote.
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What is the punishment for attempt?
Such as... attempted burglary |
It is half the punishment sentence for a felony. Yet, does not include pre-empted murder.
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Attempt has two requirements...
1) A specific intent/purpose to commit a specific crime 2) An act or acts in order to carry out the intent to commit a crime. |
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Who talk about compliance and coercion of law and society?
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-E.A. Hoebel
-Jherling -Salmond |
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What is law made by sovereign human beings?
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positive law
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who says that mala in se and mals prohibita are actually artificial distinctions, because no behavior is inherently wrong?
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Mathew Robinson
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Who creates laws?
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Federal Level: U.S. Congress
State Level: Legislatures Every Level: Courts |
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Natural Laws are "fundamental to human nature and discoverable by hum reason, intuition, or inspiration, without the need for reference to man-made laws"
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Schmalleger
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which amendment is freedom from self-incrimination?
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5th Amendment
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Which Amendment is freedom from Double Jeopardy?
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5th Amendment
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Which Amendment provides due process protections?
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5th Amendment
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Which Amendment protects you from unreasonable search and seizures?
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4th Amendment
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Which Amendment protects you from excessive bail or fines?
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8th Amendment
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Which Amendment protects you from cruel and unusual punishment?
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8th Amendment
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Which Amendment provides protection from arrest or search without probable cause?
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4th Amendment
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Which amendment provides a right to speedy,public, and fair trial?
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6th Amendment
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Which amendment provides a right to an impartial jury?
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6th Amendment
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Which amendment provides a right to counsel?
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6th Amendment
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"General Principles to Guide Judges" Gottgredson
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English Common Law
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Concerned with harmful acts against the government?
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Criminal Law
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Concerned with harmful acts against individuals?
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Civil Law
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Law reflects societal interests
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Consensus View
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Law reflects the interests of powerful members of society
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Conflict View
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Law reflects the interest of those who win the political competition
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Pluralist view
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"Law does not reflect most harmful acts as serious crime"
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Scholars Simon and Reiman
Mathew Robinson |
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"Definitions of right and wrong do not drop from the sky"
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Goode and Ben -Yuhuda
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What was the original name for the war in Iraq?
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Operation Iraqi Liberation (OIL)
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"What is legal"
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Substantive Law
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What did the 1944 case of Coffin v. Reichard establish?
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Allowed habeas corpus petitions to challenge conditions of confinement.
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What were prison conditions like in 1971 at Attica?
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-locked in cell for 14-16 hours/day
-worked wages of about 30 cents/day -hundreds of petty rules with no obvious justification |
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French social critic, Bertrand le Grande spoke about what?
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Increase in criminality caused prison overpopulation, and consequently resulted in prison uprisings.
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What were the two incidents that sparked the revolt?
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1-confrontation of inmates with correctional officers
2-two inmates were beat by several officers |
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What has been the bloodiest one-day encounter among Americans since the Civl War?
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Attica Revolt
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What did the case Monroe v. Pape 1961 establish?
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Section 1983 of the Civl Rights Act of 1871 could be used to challenge the constitutionality of prison life.
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What was the arkansas prison scandal?
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traditional method for instilling inmate compliance included beatings, needles under fingernails, starvation, and floggings. A film called Brubaker was made after it.
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How much can a pack of cigarettes sell for in California prison?
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$125
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What happened to the Texas prison system in 1980?
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Declared unconstitutional
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What is the reason for California's prison population rise?
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1977's Determinate Sentencing Law gave definite fixed number of years for sentences, between 3 choices.
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What is natural law?
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Law is in the natural order of things
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What is the first principle of criminal law?
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legality
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What are two exceptions to the conduct requirement?
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1. sedition: speech
2. conspiracy: speech+action |
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What is the difference between wrongful and harmful behavior?
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1. harmful hurts someone
2. wrongful is an intent to hurt someone |
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3 components of Mens Rea are?
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1. capacity to will (sane)
2. operation of the will (voluntary) 3. nature of the will (will is evil) |
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"Law without force is an empty name, a legal rule without coercion is a fire that does not burn, a light that does not shine"
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E.A. Hobbel
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Who believed that law was a thing of reason?
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Thomas Aquinas
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How is law a cultural artifact?
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1. a device for regulation and control of human behavior
2. a mirror of social values 3. occasional instrument of social change |
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How should criminal law be viewed as according to Daniel Katkin?
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a Cluster of...
1. ideas 2. principles 3. questions about the human condition |
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What is the most coercive way for communities to control their members?
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Law
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What school of thought says that humans will prefer laws to chaos?
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School of functionalist
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