Criminal Justice Exam 1 Chap 1-4

Front 1

Arraignment

Back 1

The accused stands before a judge and hears the information or indictment against them. Defendants are again notified of their rights and asked to enter a plea. Pleas include, guilty, not guilty, and no contest. No contest may be result in a conviction but cannot be used in trial as an admission of guilt.

Front 2

Preliminary hearing

Back 2

The purpose is to establish whether sufficient evidence exists against a person to continue the justice process. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause. The process provides the prosecutor with an opportunity to test the strength of the evidence.

Front 3

Due process model

Back 3

A criminal justice perspective that emphasizes individual rights at all stages of justice system processing

Front 4

Consensus model

Back 4

Assumes that the system's 4 components work together harmoniously to achieve justice (police, persecution, courts, and corrections)

Front 5

Conflict model

Back 5

assumes that the systems components function primarily to serve their own interests.

Front 6

Enter a plea

Back 6

In criminal proceedings the defendant formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged is not guilty of the offense charged, or does not contest the charge.

Front 7

Probable cause

Back 7

Level of belief that is needed to support an arrest

Front 8

Parole

Back 8

After a prisoner has served a portion of the sentence he/she may be released to community based supervision (with obligations and conditions)

Front 9

Civil lawsuit

Back 9

Branch of law that governs relationships between parties, contracts, divorcees, child support ams custody, property transfers.

Front 10

Probation

Back 10

Community base sentence in lieu of jail or prison (with obligations and conditions)

Front 11

ROR

Back 11

Release on recognizance, the pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Front 12

Nolo contendere

Back 12

A plea of "no contest" a no contest plea is used when the defendant does no wish to contest conviction. Because the plea does not admit guilt however it can not provide the basis for later civil suits that might follow a criminal conviction.

Front 13

Public order advocates

Back 13

One who believes that under certain circumstances involving a criminal threat to public safety the interests of society should take precedence over individual rights.

Front 14

Bail

Back 14

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

Front 15

Procedural fairness

Back 15

Due process model wants things to be done in fair way

Front 16

Motive

Back 16

A persons reason for committing a crime

Front 17

Actus reus

Back 17

An act in violation of the law. Also a guilty act.

Front 18

Men's rea

Back 18

The state of mind that accompanies a criminal act. Also a guilty mind

Front 19

Concurrence

Back 19

The coexistence of 1) an act in violation of the law and 2) a culpable mental state.

Front 20

Self defense

Back 20

The protection of oneself or of one's property from unlawful injury or from the immediate risk of unlawful injury. Also the justification that the person who committed an act that would otherwise constitute an offense reasonably believed that the act was necessary to protect self or property from immediate danger.

Front 21

Affirmative defense

Back 21

Defendant has affirmative obligation to bring up these defenses. Alibi, justifications, self defense.

Front 22

Procedural defense

Back 22

A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

Front 23

Entrapment

Back 23

An improper or illegal inducement to crime by agents of law enforcement also a defense that may be raised when such inducements have occurred.

Front 24

Double jeopardy

Back 24

A common law and constitutional prohibition against a second trial for the same offense.

Front 25

Alibi

Back 25

A statement or contention by an individual charged with a crime that he or she was so distant when the crime committed, or so engaged in other provable activities that his or her participation in the commission of that crime was impossible.

Front 26

Corpus delicti

Back 26

The facts that show that a crime has occurred the term literally means the body of the crime.

Front 27

Stare decisis

Back 27

A legal principle that requires that in subsequent cases on similar issues of law and fact courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them. The term literally means standing by decided matters

Front 28

Civil

Back 28

The array of procedures and activities having to do with private rights and remedies sought by civil action. cannot be separated from social justice because the justice enacted in our nations civil courts reflects basic american understandings of right and wrong.

Front 29

Criminal law

Back 29

The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society. Also called penal law.

Front 30

Speedy trial

Back 30

A 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time. Such as 70 working days after indictment.

Front 31

Deterrence

Back 31

A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.

Front 32

Incompetent to stand trial

Back 32

In criminal proceedings, a finding by a court that as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense.

Front 33

Clearance rate

Back 33

Comparison of the number of crimes solved through arrest or other means.

Front 34

Hate crime

Back 34

A criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.

Front 35

Legalistic style

Back 35

A style of policing marked by a strict concern with enforcing the precise letter of the law. Legalistic departments may take a hands off approach to disruptive or problematic behavior that does not violate the criminal law.

Front 36

Uniform Crime Reporting (UCR/NIBRS) program

Back 36

A statistical reporting program run by the FBI's criminal Justice information services (CIJS) division. Publishes crime in the united states annually. Approx 18,000 law enforcement agencies provide crime information to the program.

Front 37

Statutory Rape

Back 37

The intentional and wrongful contact with a person, without consent (NYS age of consent is 17)

Front 38

Bench Trial

Back 38

Trial without a jury, just judge.

Front 39

Bill of rights

Back 39

The popular name given to the first ten amendments to U.S constitution which are considered especially important in the processing of criminal defendants.

Front 40

Crime control model

Back 40

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

Front 41

Part Two Offenses

Back 41

Simple Assault, Forgery, Fraud, Prostitution, Weapon Offenses, Drug Offenses, DUI/DWI, Gambling.

Front 42

Property Crime

Back 42

A UCR/NIBRS summary offense category that includes burgarly, larceny theft, motor vehicle theft, and arson.

Front 43

Dark figures of crime

Back 43

Crime that is not reported to the police and that remains unknown to officials.

Front 44

Terrorism Domestic

Back 44

The unlawful use of force or violence by a group or an individual who is based and operates entirely within the united states and its territories without foreign direction and whose acts are directed at elements of the U.S government or population.

Front 45

International terrorism

Back 45

Unlawful use of force or violence by a group or an individual who has some connection to a foreign power or whose activities transcend national boundaries against people or property in order to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives.

Front 46

Procedural law

Back 46

The part of the law that specifies the methods to be used in enforcing substantive law

Front 47

Substantive law

Back 47

The part of the law that defines crimes and specifies punishments

Front 48

Es post facto

Back 48

Latin for "after the fact" the constitution prohibits the enactment these laws. Which makes acts committed before the laws in question were passed punishable as crimes.

Front 49

Justification

Back 49

A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.

Front 50

Excuses

Back 50

A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

Durress, sometimes also called coercion, age, mistake, involuntary intoxication, unconsciousness, provocation, insanity.

Front 51

Watchman style

Back 51

A style of policing marked by a concern for order maintenance. Characteristic of lower class communities where informal police intervention in the lives of residents is employed in the service of keeping the peace.

Front 52

Service style

Back 52

A style of policing marked by a concern with helping rather than strict enforcement. Service oriented police Agencies are more likely to refer citizens to community resources such as drug treatment programs than are other types of agencies.

Front 53

Line operations

Back 53

In police organizations the field activities or supervisory activities directly related to day to day to police work.

Front 54

Staff operations

Back 54

In police organizations activities such as administration and training that provide support for line operations.

Front 55

Community policing

Back 55

A philosophy that promotes organizational strategies which support the systematic use of partnerships and problem solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime social disorder and fear of crime.

Front 56

Police subculture

Back 56

A particular set of values beliefs and acceptable forms of behavior characteristic of american police with which the police profession strives to imbue new recruits.

Front 57

Police discretion

Back 57

The opportunity of law enforcement officers to exercise choice in their daily activities.

Front 58

Part 1 offenses

Back 58

Violent crime, murder, rape (forcible not statutory), robbery, aggravted assault, burglary, larceny theft, motor vehicle theft, arson.

Front 59

Three levels of law enforcement

Back 59

Federal(FBI, dea, us marshals), state (new York state police), local (county sheriff city police officers).

Front 60

Grand jury

Back 60

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally or to investigate the conduct of a public agency or official.

Front 61

Social justice

Back 61

An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.

Front 62

Administration of justice

Back 62

The performance of any of the following activities: detection, apprehension, detention, pretrial release, post trial release, prosecution, adjudication, correctional supervision, or rehabilition of accused persons or criminal offenders.

Front 63

Pretrial activities

Back 63

Release of an accused person from custody for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

Front 64

Information

Back 64

A formal written accusation submitted to a court by a prosecutor alleging that a specified person has committed a specified offense.

Front 65

Indictment

Back 65

A formal written accusation submitted to the court by a grand jury alleging that a specified person has committed a specified offense usually a felony.

Front 66

Felony

Back 66

A criminal offense punishable by death or by incarceration in a prison facility.

Front 67

Misdemeanor

Back 67

An offense punishable by incarceration, usually in local confinement facility, for a period whose upper limit is prescribed by a statute in a given jurisdiction, typically one year or less.

Front 68

Offense

Back 68

A violation of the criminal law. Also, in some jurisdictions, a minor crime, such as jaywalking, that is sometimes described as ticketable.

Front 69

Treason

Back 69

A U.S citizens actions to help a foreign government overthrow, make war against, or seriously injure the United States. Also, the attempt to overthrow the government of the society of which one is a member.

Front 70

Espionage

Back 70

The "gathering, transmitting, or losing" of information related to the national defense in such a manner that the information related to the national defense in such a manner that the information becomes available to enemies of the united States and may be used to their advantage.

Front 71

Inchoate offense

Back 71

An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

Front 72

Ford vs Wainwright

Back 72

Prisoners who become insane while incarcerated can not be executed.

Front 73

Victimization data

Back 73

Civilians call peoples homes and ask if they or someone they know has been a victim of a crime recently.

Front 74

Clearance rate part 1 offenses

Back 74

Murder 64.8% (highest)

Forcible rape 40.3%

Robbery 28.2%

Aggravated Assault 56.4%

Burglary 12.4%

Motor vehicle theft 11.8%(lowest)

Front 75

Sixth Amendment

Back 75

Guarantee of a right to counsel including court appointed counsel for someone unable to afford a lawyer. Speedy trial

Front 76

Fifth amendment

Back 76

Right to remain silent.

Front 77

Fourth amendment

Back 77

Prohibits unreasonable search and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.

Front 78

Eighth amendment

Back 78

Prohibiting the federal government from imposing excessive bails, excessive fines, or cruel and unusual punishments.

Front 79

Fourteenth amendment

Back 79

Put in effect after civil war. To assume those born into slavery would have same rights as everyone else.

Front 80

Self report data

Back 80

Respondents report/reveal criminal activity they have perpetrated. High school surveys. Annonymous yes or no questions measured social phenomas.

Front 81

Victimization data

Back 81

Designed to estimate occurrence of all crimes whether reported or not. Based on victims reports rather than police reports. Tackles dark figure of crime, first conducted in 1972

Front 82

August vollmer

Back 82

Persuaded the university of California to offer courses.

Front 83

3 elements of a crime

Back 83

Actus reus, men's rea, concurrence