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11 Cards in this Set
- Front
- Back
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Why is civil authority so important to the discussion of policing in a democratic society?
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If police had no civil authority it would be a totalitarian government. The police would be in charge and would have no regard to civil liberties. Making it so there wouldn't be much due process involved, they wouldn't have procedural laws handcuffing them, civil authority puts boundaries on the police and allows for civilians to have due process.
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Goal displacement in organizations refers to the process by which the organization substitutes for the formal goals those informal goals that increase rewards and reduce strains for the organization. using this concept of goal displacement, explain how this might operate in terms of the distinction between the due process model of law enforcement and the crime control model of law enforcement. That is, which model of law enforcement is most likely to meet organizational goals, and why?
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crime control model - this allow organizations to limit criminal behavior without procedural laws keeping them from doing their job. Crime control model allows organizations to get their job done, no matter the cost. The organizations are held down by procedural law, and this allows for more discretion on crime control
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It is said that police are not able to fully enforce all criminals laws, and, as a result, some discretion in law enforcement is necessary
what is the criminal laws that make it impossible to enforce them fully? |
Procedural law limits the police on how to enforce criminal law
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list and explain at least two of the ways in which the police organization or agency exercises discretion in making its law enforcement decisions
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can decide which areas need saturated patrol they can decide which type of crimes to put more emphasis on
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list and explain at least two of the factors thought to influence the exercise of discretion by individual police officers
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offenders characteristics- if the offender shows aggression towards the officer, the officer is more likely to show little discretion in the arrest Police officers Characteristics- the officer themselves could be hard on any crime, petty or not, they could have hate towards certain groups of people and show little discretion toward those types of people.
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explain how a conviction based on a guilty plea is more likely to meet the goals of both the prosecutor and the defendant than taking the case to an adversarial trial?
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It is a win win for both parties. If they went to trial, there would only be one winner. This way, prosecutors are dropping their caseload, and their offenders are allowed to a plea bargain for a lesser sentence.
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it was reported in class that criminal law is legislative but that procedural law is constitutional. Explain what that means, especially in terms of efforts by each state government to use criminal laws to establish “law and order”.
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Criminal law is the law for the people to abide by. This state set it to control societies norm for criminal law, known as substantive law, is established through rules of society. Procedural law was designed to give civilians liberties or to restrict substantive law so that civilians would not have their liberties involved.
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With regard to the dispositional model of justice
explain the difference between the adversarial model of justice and the dispositional model of justice |
Adversarial- only has one winner
allows due process for the offender does cost money takes time when having a jury Dispositional- usually has a plea bargain where both sides come out positive allows for swift punishment reduces caseloads for the judge and prosecutor Problem: the poor don't get a chance, the rich have resources. |
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how does the dispositional model of justice in the courts meet the needs of the crime control model?
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its efficient, speedy and formality
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what are two of the underlying assumptions of indeterminate sentencing
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it believes in rehabilitation for offenders it allows for discretion
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how do sentencing guidelines (a form of determinate sentencing) create and just
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they establish mandatory sentences that can’t be up to discretion, Laws like 3 strikes, or mandatory senteces for certain crimes despite who the offender is
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