CJ Final

Created by egbethea 

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201 terms

plaintiff

in a civil case, the injured party is called the

crime

an act that violates criminal law and is punishable by criminal statutes

private security officers are intended to

deter crime with their presence

municipal police agencies

have the broadest authority to apprehend criminal suspects, maintain order and provide services to the community

beyond a reasonable doubt

in a criminal case, the burden of proof is

mala prohibita

a "human-made" law

jails

convicted of minor crimes with relatively short sentences, as well as those awaiting trial or transfer, are held in

conflict model

different segments of society separated by social class, income, age and race that are engaged in a constant struggle with each other for control of society

strict liability

crime in which the defendant is guilty regardless of his/her state of mind at the time of the act

deviance

is behavior that is considered to go against the norms established by society

property crime

most common form of criminal activity

"judge-made" law

case law

victimless crimes

public order crimes are often referred to as

robbery

violent crime

consensus model

majority of citizens in society agree on what activities should be outlawed and puished as crimes

bribery

white-collar crime

high-tech crime

new typology of crime that is directly related to the increased use of computers in everyday life

local law enforcement

divides duties between counties and municpalities

state level

wildlife wardens, alcohol and beverage control agents and fire marshals

UCR

attempts to measure the overall rate of crime in the US by organizing "crimes known to the police"

local police

investigate most crimes and attempt to deter crime through patrol activities

federal law enforcement

Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA, U.S. Secret Service

corrections system

once the court system convicts and sentences an offender, he/she is delegated to the

probation

most common correctional treatment

assembly line

Herbert Packer likened the idealized criminal justice system to an

Third layer

"ordinary" felonies are found on which layer of the "Wedding Cake Model"

crime control model

can be represented as an assembly line, ensuring a quick and rapid conclusion of the process

due process model

can be represented as an obstacle course

downfall of the Uniform Crime Report

only captures crime reported to the police

organized crime

illegal acts by illegal organizations

third degree felony in Texas

punishable by 2-10 years in the penitentiary

classical theory (choice theory)

people choose to commit crime after weighing the possible benefits of criminal activity against the costs of being apprehended and the punishment should fit the crime

precedents

court decisions that provide guidance in interpreting the law

criminology

study of crime

U.S. Constitution

supreme law of the land, and as such is the basis of all law in the US

Statutory Law

statutes enacted by legislative bodies at any level of government make up a source of law

administrative law

rules, orders and decisions of regulatory agencies

primary legal function of law

maintain social order by protecting citizens from criminal harm

top level

layer of the "wedding cake model" that comes closest to meeting our standards of "ideal justice"

white-collar crime

illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage

felonies

crimes punishable by death or imprisonment in a federal or state penitentiary for 1 year of longer

federalism

sharing of government powers by federal and state authorities

U.S. marshals

oldest federal law enforcement agency

capital offense

degree of felony that carries the maximum penalty of death

involuntary manslaughter

homicide that results from the offender's carelessness, but occurs whent he offender lacks intent

burglary

is not a violent crime

mala in se

rape, murder and theft

part I offenses

crimes that are recorded by the FBI to give the general idea of the "crime picture" in the US each year

Boston

first organized police department

corpus delecti

body of circumstances that must exist for a criminal act to occur; actus reus and mens rea

political era

corruption was rampact

civil trial

preponderance of evidence

actus reus

guilty act in a criminal offense

corpus delicti

basic elements of a crime

concurrence

the guilty act and the guilty intent occur together

professional model

style of policing that emphasizes centralized police organizations, increased use of technologyy and a limitation of police discretion through regulations

insanity

defense for criminal liablity that is used to assert a lack of criminal responsiblity because according to law, a person cannot have the requisite state of mind to commit a crime

M'Naughten rule

common law test of criminal responsibility that relies on the defendant's inability to distinguish right from wrong

FBI

agency is charged with investigating over 200 federal crimes, including kidnapping, bank robbery and gambling

duress

wrongful threat of one person induces another person to perform an act that he or she would otherwise not perform

mens rea

wrongful mental state, or intent

self-defense

person who used force in order to protect himself from harm

14th amendment

protects against unreasonable searches

procedural due process

form of due process requires laws to be carried out in a fair and orderly manner

substantive due process

constitutional requirement that laws used in accusing and convicting persons of crimes must be fair

volunteers

early policing efforts

infancy

defense used when the wrongdoing of the accused is excused because he/she is too young to fully understand the consequences of the actions

policing efforts in the first American cities were directed at

controlling certain groups of people (mostly slaves and Native Americans)

procedural criminal law

law that defines the manner in which the rights and duties of individuals may be enforced

political era

patronage system

mala in se

criminal act that is considered wrong even if there is no law prohibiting it

August Vollmer

father of modern police administration

fourth layer of wedding cake model

misdemeanors

Texas Rangers

first statewide police organization

social function of the law includes the concepts of

expressing public morality and teaching societal boundaires

180 days in jail, $2,000 fine

class B misdemeanor

justice

all citizens should be treated equally under the law

best way to deter crime

increase the severity of the punishment for offending

procedural

outlines the processes by which the criminal law is carried out

voluntary manslaughter

intent to kill was present (no premeditation), but malice was lacking

inchoate offenses

conduct deemed criminal without actual harm being done

irresistable-impulse test

excuse defense states that a person is insane if by some overwhelming impulse resulting from a mental deficiency drove him/her to commit the crime

not a justification defense

intoxication

Bill of Rights

first ten amendments of the Constitution

4th amendment

protection against unreasonable searches and seizures

NCVS

major collection of data about crime is conducted by the U.S. Census Bureau and covers about 50,000 households int he U.S.

5th amendment

no one can be deprived of life, liberty or property without "due process of law" (double jeaopardy, not required to be a witness against yourself)

6th amendment

speedy trial, trial by jury, public trial, right to a lawyer

8th amendment

prohibits excessive bail, fines, punishment; cruel and unusual punishment

14th amendment

due process, equal protection under the law

association

not strong enough to stand alone as one of the 4 sources of probable cause

rebuttal

after the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury

indictment

if the jury finds that probable cause exists

specialty courts

drug courts, juvenile courts, domestic courts, elder courts

preventive patrol

maintaining a presence in the community, either in a car or on foot, which allows attempts at preventing crime from occurring

consent search

takes place when an individual gives law enforcement permission to search their persons, homes or belongings

most common way to become a detective

be promoted from patrol officer

confidential informant

person who is involved in criminal activity and provides information about that activity and those who engage in it to police

human fingerprint

most important piece of trace evidence

arraignment

defendant is informed of the charges and must respond by pleading guilty or not guilty

quality-of-life crimes

by cracking down on ______, police can significantly reduce all crime in an area

concurring opinion

separate opinion prepared by judges who supported the decision of the majority of the court but who want to express their own particular reasoning

police subculture

broad term used to describe the basic assumptions and values that permeate law enforcement agencies and are taught to new members of a law enforcement agency as the proper way to think, perceive and act

mooching

when police officers accept free gifts from citizens

4th amendment

requirement of probable cause to make an arrest

Writ of certiorari

U.S. Supreme Court orders a lower court to send it the record of a case for review

inevitable discovery exception

legal principle that illegally obtained evidence can be admitted in court if police using lawful means would have "inevitably" discovered it

stop

brief detention of a person by law enforcement agents for questioning

response time

time elapsed between the instant a call for service is received and the instant a police officer arrives on the scene

totality of the circumstances

to determine whether a stop is based on reasonable suspicion, the court uses a ______ test

court reporter

responsible for recording every word that is said during the course of trial

proactive arrests

directed patrol of hotspots is associated with

hearsay

NOT one of the possible affirmative defenses used in a defendan'ts case

exigent circumstance

situation that requires extralegal or exceptional actions by the police. In these circumstances, police officers are justified in not following procedural rules, such as those pertaining to search and arrest warrants

"clearance rate"

percentage of crimes that result in arrest and prosecution

incident-driven policing

reactive approach to policing that emphasizes a speedy response to calls for service

Katz v. United States

standard for a "reasonable expectation of privacy"

detective

after a crime has been committed and the patrol officer has gathered preliminary information from a crime scense, the responsiblity of indentifying the offender is delegatd to the:

Chimel v. Califoria

Court ruled that police may search any area within the suspect's "immediate control" to confiscate any weapons or evidence that the suspect could destory

crime mapping

type of technology utilized by police departments to locate and identify hot spots

5th amendment

legal basis for the Miranda warning

arrest

taking into custody of a citizen for the purpose of detaining him/her on a criminal charge

United States v. Leon

"good faith" exception to the exclusionary rule was established by case law in:

probable cause

reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person

probable cause

justification required to make an arrest

search warrant

written order, based on probable cause and issues by a hudge or magistrate, commanding that police officers or criminal investigators search a specific person, place or property to obtain evidence

public prosecutor

holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged with a crime, the level of the charges to be brought against the suspect, and if and when to stop prosecution

decreasing preventive patrol

had little to not impact on crime (Kansas City Experiment)

bureaucratic

concerned with speed and efficiency

bench trial

conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence

preliminary hearing

defendant appears before a judge or magistrate, who decides whether the evidence presented is sufficient for the case to proceed to trial

exclusionary rule

prohibits use of illegally seized evidence

trial courts

courts having original jurisdiction are courts of the first instance

probable cause

in order to obtain a search warrant, a police officer must generally provide specific information on the premises to be searched, the illegal activity taking place, the items to be seized and

appellate courts

primarily a "reviewer" of decisions

payoff

when an officer actively demands payment from an individual ora business in return of certain services

state supreme court

highest appellate court

US Supreme Court

decisions of the Circuit Courts of Appeal are final unless the matter is brought before the:

Tennessee v. Garner

U.S. Supreme Court set the limits for the use of deadly force by law enforcement officers

fruit of the poisoned tree

any physical or verbal evidence police are able to acquire by using illegally obtained evidence

6th amendment

right to cross-examine witness

9 justices

Supreme Court

due process function

protecting the rights of individual citizens against the power of the state

dissenting opinion

supreme court justice disagree with the court's conclusion

judge

during pretrial, takes on the role of negotiator

administrators

judges are responsible for the day-to-day functioning of the court, they are acting as:

docket

title of the list of cases entered on a court's calendar

bailiff

responsible for maintaining security and order in the judges chambers and courtroom

peremptory challenge

used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney

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