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140 Cards in this Set
- Front
- Back
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What are the three goals of the criminal justice system?
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Doing justice, controlling crime, and preventing crime
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What are the three sub systems of the criminal justice system?
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Police, courts, and corrections
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Explain in your own words how analysts explain the disproportionate impact of the criminal justice system on minorities:
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Analysts compare arguments about the criminal behavior of different groups’ members and racism affecting American society and the criminal justice system
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The criminal justice system consists of _______ steps that cover the stages of law enforcement, adjudication, and corrections
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13
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What are the four layers of the criminal justice wedding cake model?
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Layer 1: the celebrated cases
Layer 2: the serous felonies Layer 3: the lesser felonies Layer 4: the misdemeanors |
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What does the criminal justice wedding cake model demonstrate?
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That not all cases are treated equally
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According to our text: what are the different major decision points of the due process model and the crime control model?
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Courtroom(dp) : police, pretrial processes (ccm)
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Describe the due process model
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A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision-making procedures
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Describe the crime control model
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Order as a value: assumes that freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders.
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What is an indictment?
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A document returned by a grand jury as a “true bill” charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney
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What is an information?
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A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing.
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What is an arrest?
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The physical taking of a person into custody on the grounds that there is reason to believe that he or she has committed a criminal offense. Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.
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What are the thirteen steps in the decision making process?
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Investigation
Arrest Booking Charging Initial appearance Preliminary hearing/grand jury Indictment/information Arraignment Trial Sentencing Appeal Corrections Release |
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What is discretion?
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The authority to make decisions without reference to specific rules or facts, using instead one’s own judgment; allows for individualization and informality in the administration of justice
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What is an exchange?
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A mutual transfer of resources; a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives.
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What is a Plea bargain?
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A defendant’s plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration
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Name 6 agencies that were moved to the department of homeland security after 911.
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Page 9 multiple choices: U.S. Secret Service
Customs etc. |
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What is a backscatter x-ray?
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A TSA screening device that makes a person appear naked on the monitor, revealing any contraband that they may be hiding.
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Four major characteristics of the criminal justice system are:
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Discretion, resource dependence, sequential tasks, and filtering
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Name the key concept in the analysis of criminal justice processes:
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Exchange
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What does ROR mean as it relates to the adjudication of a defendant?
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Released on Own Recognizance
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In Georgia, what office of prosecution in the court system handles the prosecution of Felony cases?
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District Attorney
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In Georgia, what office of prosecution in the court system handles the prosecution of Misdemeanor cases?
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Solicitor General
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What is considered a key concept in the analysis of Criminal Justice processes
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Exchange
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What are the three goals of the Criminal Justice System?
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Do Justice,____Control Crime,and __Prevent Crime______________
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What is Mala en Se?
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Wrong in itself
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What is Mala Prohibita?
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Prohibited by Government
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What landmark case ended the criminalization of early-term abortion? (case & year)
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Roe v Wade______________________, _1973
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What landmark case ended the criminalization of private sexual conduct between adult homosexuals?
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Lawrence v Texas__________________, _2003_____.
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What are social mores?
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Societies’ Views
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According to the nature of Act classification of crime: What are the five types?
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1. Visible
2. Occupational 3. Organized 4. Victimless 5. Political |
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Under the nature of Act Classifications: Of these five types: Which is the least profitable
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Visible
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What changes in two social conditions affect Crime Rates?
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• Demographic trends
• Unemployment |
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Which segment of American Society is most often victimized by crime?
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Blacks
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Does Crime significantly affect Society
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Yes
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Crimes against __________ are usually committed by acquaintances and relatives of the victims.
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Women
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What group is most likely to be victimized by crime?
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Lower Income Young Males__________________
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What group is least likely to be victimized by crime?
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Elderly White Females__________________
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_________ and __are the two best sources of Crime Data.
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UCR_________ and __NCVS________
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What does UCR stand for?
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Uniform__ _Crime___ __Reports
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What does NCVS stand for?
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National Crime Victimization Surveys
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What does Organized Crime provide?
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Goods and services that are in high demand, but are illegal
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Define Positivist Criminology:
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A school of criminology that views behavior as stemming from social, biological, and psychological factors.
Argues that punishment should be tailored to the individual needs of the offender. |
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Define Classical Criminology:
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A school of criminology that views behavior as stemming from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others.
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Define Anomie:
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A breakdown or disappearance of the rules of social behavior.
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Define Inchoate offense:
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Conduct that is criminal even though the harm that the law seeks to prevent has not been done but merely planned or attempted
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__ means Guilty Mind
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Mens Rea
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The Seven Principles of Criminal Law are:
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a. Police, Courts, Corrections, Investigation, Arrest, Booking, Charging.
b. Investigation, Arrest, Booking, Charging, Initial Appearance, Indictment, Trial c. Legality, Actus Reus, Causation, Harm, Concurrence, Mens Rea, Punishment d. Legality, Causation, Investigation, Arrest, Indictment, Booking, Trial |
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Define the principle of concurrence:
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For an act to be considered a crime the intent and the act must be present at the same time.
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What does Actus Reus mean?
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Criminal Laws are aimed at human acts that a person failed to undertake.
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Define the principle of Causation:
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For a crime to be committed, there must be a causal relationship
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The Sixth Amendment to the constitution provides what three rights to a defendant?
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• Right to counsel
• Right to speedy and public trial • Right to an impartial Jury |
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The Eighth Amendment includes protections against:
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Excessive bail, Excessive Fines and Cruel and unusual punishment_.
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The Fifth Amendment provides protections against _ and ___. As part of the ______ _________________, the Supreme Court created Miranda warnings that must be given to suspects before they are questioned.
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Compelled self incrimination, Double Jeopardy, Compelled self incrimination
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35. The Fourth Amendment’s prohibition on ___________________ has produced many cases questioning the application of the exclusionary rule.
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Unreasonable search and seizure
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The principle that illegally obtained evidence must be excluded from a trial is called what?
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Exclusionary rule
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Describe the significance of Mapp v Ohio, 1961:
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The fourth amendment protects citizens from unreasonable searches and seizures by state and local officials
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What case established that suspects in custody cannot be denied access to their Attorneys?
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Escobedo v Illinois, 1964
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What case established that Confessions made by suspects who were not notified of their due process rights cannot be admitted as evidence?
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Miranda v Arizona, 1966
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What is the significance of Gideon v. Wainwright, 1963?
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Defendants have the right to counsel in felony cases. States must provide defense counsel in felony cases for those who cannot pay for it themselves.
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What is contained in a state’s penal code?
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Penal Codes contain substantive criminal law that defines crimes and also punishments for those crimes
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What is the purpose of Procedural criminal law?
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Procedural criminal law specifies the defendants’ rights and tells justice system officials how they can investigate and process cases.
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What major offenses are tracked in the UCR?
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1. Homicide
a.Murder b. Manslaughter 2. Forcible Rape 3. Robbery 4. Aggravated Assault 5. Burglary 6. Larceny/theft 7. Motor Vehicle Theft 8. Arson |
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What is the significance of Powell v Alabama, 1932?
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Attorney must be provided to defendant facing death penalty
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45. Criminal Law provides opportunities to present eight defenses based on lack of criminal intent as discussed in Chapter three, Name them:
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1. Entrapment
2. self-defense 3. necessity 4. duress (coercion) 5. immaturity 6. Mistake of Fact 7. Intoxication 8. Insanity |
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46. According to Chapter Three of our Text, there are five standards for the insanity defense, (various state and Federal courts use several tests.) What are they?
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1. M’Naughten Rule
2. Irresistible impulse test 3. Durham Rule 4. Model Penal Code 5. Comprehensive Crime Control Act |
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Define Vicarious Liability:
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Supervisors are civilly liable for the actions of subordinates
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Define Simple Battery:
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Intentional physical contact of an insulting or provoking manner with the person of another
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The Bill of Rights = The ______________Clause of the 14th Amendment.
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Due Process
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When is Simple Battery a felony offense?
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On the __3rd_______ offense of __Domestic Violence_______ ______________.
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What was the deadliest act of terrorism in the history of the United States?
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911
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Who are the “first responders” when emergencies occur?
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police
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What do the state police patrol?
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Interstate Highways
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Who are the most visible presence of Government in the United States?
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Uniformed Patrol Officers
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What four powers do police officers have to maintain order?
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Arrest, Search, detain, use force
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True or False: Police officers can interfere with the freedom of any citizen.
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True
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When and where was the first police force formed?
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London 1829
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The ___proposed limits on constables and bailiffs.
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Magna Carta of __1215__
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9. Name three remedies present in 13th century England that continue to be proposed today to ensure that order is kept in accordance with the rule of law.
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Recruiting better qualified people
Stiff penalties for official misconduct Civilian board of control |
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The roots of American policing lie in the __________________ legal tradition.
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English
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The ___system is a system in old English law in which members of a tithing pledged to be responsible for keeping order and bringing violators of the law to court.
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Frankpledge
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What is a tithing?
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A group of 10 families
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The _ enacted in 1285 set up a parish constable-watch system.
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statute of Winchester
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Who was appointed to help the constable
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Watchmen
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What were the four responsibilities of watchmen?
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Patrol and announce “allswell”
Light street lamps Put out fires The Hue and cry |
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In 1748 England Henry Fielding and his brother organized a group to pursue and arrest law-breakers. They were generally known as:
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: bow Street runners
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17. In 1829, Sir Robert Peel organized the London Metropolitan Police Force. What were they called locally?
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Bobbies
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What Act did Sir Robert Peel push members of Parliament to pass in 1829?
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Metropolitan Police Act
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Under Peel’s direction, the police force had a four-part mandate, name the four parts:
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• Prevent Crime without using repressive force and to avoid having to call on military to control riots and other disturbances
• To maintain public order by non-violent means, using force only as a last resort to obtain compliance. • Reduce conflict between police and public • Show efficiency through the absence of crime and disorder rather than through visible police actions. |
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Summarize what the four-part mandate meant:
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Keeping a low profile while maintaining order.
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Before the American Revolution: What system was the main means of keeping order and catching criminals?
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The Watch System
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After the formation of the federal government in 1789 police power in America remained where?
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With the states
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What three historical periods are often used to describe American policing?
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• Political 1840-1920
• Professional model 1920-1970 • Community Policing Era 1970-present |
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Why have the three historical periods been criticized?
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Because it applies to urban areas of the northeast and does not take in to account the differences of policing the rural areas of the south and west.
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Why is the Political Era from 1840-1920 called that?
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Because of its’ close ties between law enforcement and local political leaders.
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What two cities were the first to add a daytime police force to supplement the night watchmen?
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Boston
Philadelphia |
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In 1850, what five service functions did police departments perform?
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• Caring for derelicts
• Operating soup kitchens • Regulating public health • Handling medical emergencies • Handling social emergencies |
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28. In the western American territories, the sheriffs had duties similar to what 17th century English official?
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Shire reeve
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What does posse comitatus mean?
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Power of the county
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Who made up a Sheriff’s call to posse?
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Local men above the age of 15
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What was the main feature of the political era?
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Close ties between the police and local politicians leading to corruption
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What is Community Policing?
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The police should be close to the community. Police should provide services and deal with the “little problems”.
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What is the jurisdiction of Federal Law Enforcement Agencies?
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Enforcing the laws of the federal government.
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Why are some law offices of the U.S. Gov’t located overseas?
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Because of the increase in international criminality in a shrinking world.
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___and ________ are the two functions of most state police agencies.
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Traffic enforcement, 2/3 of the states have general police powers_
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What are the two main characteristics of the organization of the police in America?
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Local control__________ and__fragmentation_
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What is the order maintenance function?
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Police have a broad mandate to prevent behavior that either disturbs or threatens to disturb the peace.
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How do law enforcement situations compare with order maintenance situations?
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The police in order maintenance situations must first determine if a law has been broken. In law enforcement situations, that fact is already known; thus, officers must only find and apprehend the offender.
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What is the key feature of the legalistic style of policing?
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Professionalism and using a single standard of law enforcement throughout the community
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Where are you likely to find the service style of policing?
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Suburban middle-class communities.
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Why do patrol officers have so much discretion?
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They deal with citizens often in private, and are charged with maintaining order and enforcing laws. Many of these laws are ambiguous and deal with situations in which the participants’ conduct is in dispute.
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Why have police in the past failed to arrest in domestic violence situations?
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Officers are often set upon by both parties, the victim is often uncooperative, and intervention is thought to be dangerous.
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What five “special populations” pose challenges for policing?
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• Runaways and neglected children
• People who suffer from homelessness • Drug addiction • Mental illness • alcoholism |
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What factors make policing in a multicultural society difficult?
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Stereotyping, cultural differences, and language differences
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What are the two basic reasons that urban residents sometimes resent the police?
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Permissive law enforcement and police abuse of power
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How are citizen watch groups and similar programs helpful to the police?
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They assist the police by reporting incidents and providing information
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What were the six major recommendations of the progressive reformers?
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• Remove police from politics
• Police should be well trained • Law should be equally enforced • Technology should be used • Merit based personnel procedures • Crime fighting role should be prominent |
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What are the three historical periods of American Policing?
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• Political era
• Professional model era • Community policing era |
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In the mid 18th century, what novelist and his brother led efforts to improve law enforcement in London?
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Henry Fielding and Sir John Fielding
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The first police force was under control of what type of officials?
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Democratically Elected
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Name three major aspects of American policing that evolved from the English legal tradition.
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Limited Authority
• Local control • Fragmented organization |
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Define arraignment:
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The court appearance of an accused person in which the charges are read and the accused, advised by a lawyer , pleads guilty or not guilty.
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What are the purposes of preliminary hearings, arraignments, and defense motions?
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Preliminary hearings inform defendants of their rights and determine if there is probable cause. Arraignments involve the formal reading of charges and the entry of a plea. Motions seek information and the vindication of defendants' rights.
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Define bail:
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An amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.
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What are positive effects the bail bondsman have on the bail system?
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Bondsmen help the system by reminding defendants about their court dates and finding them if they fail to appear.
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What are negative effects that bail bondsman have on the system?
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bondsmen may also contribute to corruption and discrimination.
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What is percentage bail?
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Defendants may deposit a percentage (usually 10%) of the full bail with the court. The full amount of the bail is required if the defendant fails to appear. The percentage of bail is returned after disposition of the case, although the court often retains 1% for administrative costs.
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What is preventive detention?
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Holding a defendant for trial, based on a judge's finding that, if the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee.
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What is the significance of US v. Salerno and Cafero 1987?
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Preventive detention provisions of the bail reform act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.
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How did the us supreme court rule in cases involving preventive detention? Why?
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The us supreme court ruled that preventive detention did not violate the constitution's ban on excessive bail, because such detentions are not punishment and merely a way to protect the public.
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What is the significance of Santobello v. New York 1971?
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When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled.
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In Blackledge v. Allison, in 1976, Justice Potter stewart made what reference of import?
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That plea bargaining "can benefit all concerned."
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What are the sources of stress for people in jail awaiting trial?
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Pretrial detainees face the stress of living with difficult and potentially dangerous cell mates. They also face uncertainty about what will happen to their case, their families, their jobs, and their ability to contribute to preparing a defense.
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What is implicit plea bargaining?
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Implicit plea bargaining occurs when prosecutors and defense attorneys use shared expectations and interactions to settle the facts of the case and reach a resolution based on the going rate for sentences in the local legal culture.
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What are 3 initiatives to reform the bail process?
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ROR; police issued citations; bail guidelines.
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What are the two reasons that cases typically go to trial?
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Because they involve defendants who are wealthy enough to pay attorneys to fight to the very end or because they involve charges that are too serious to create incentives for plea bargaining.
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What are the seven steps in the trial process?
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Jury selection
Opening statements Presentation of prosecutions evidence Presentation of defenses evidence Presentation of rebuttal witnesses Closing arguments Judges jury instructions Jurys decision |
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What dictates what kinds of information may be presented in court for consideration?
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Rules of evidence
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Do convicted offenders who plead guilty have the right to appeal? Why?
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Unlike those who are convicted through a trial, they often do not have any grounds for an appeal.
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Define Habeas corpus:
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A writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released.
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