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Criminal justice exam 1 combination

STUDY
PLAY
The __________ was initially responsible for the establishment of the Uniform Crime Reports.
A. National Sheriff's Association
B. International Association of Chiefs of Police
C. Federal Bureau of Investigation (FBI)
D. Secret Service
B?
The UCR is a product of the
A. FBI.
B. U.S. Congress.
C. Bureau of Justice Statistics.
D. Bureau of the Census.
A
As early as 1932, J. Edgar Hoover was boasting in his congressional testimony that the purpose of the UCR was to
A. "help Congress in drafting legislation to regulate crime."
B. "provide data so that local police agencies could increase staff according to the amount of crime in their jurisdiction."
C. "increase funding for federal and local law enforcement agencies to combat crime."
D. "determine whether there is or is not a crime wave and whether crime is on the increase or decrease."
D
Currently, the UCR
A. is the only source of information on the magnitude and trends of crime for the United States as a whole.
B. provides accurate estimates of the nature and scope of crime, broken down by city, state, and geographic region.
C. is used in conjunction with other data sources to estimate the incidence and rates of crime.
D. depends heavily for its accuracy on the independent crime surveys conducted by state agencies.
C?
Which of the following statements is inaccurate regarding the UCR?
A. It is structurally biased.
B. It is heavily relied upon by administrators, legislators, politicians, and the press.
C. It presents distorted images of the extent of crime.
D. Despite its problems, it gives a fairly accurate picture of the nature and extent of crime in the United States.
C?
____________ is (are) the primary source of statistical data on crime today.
A. The UCR
B. National crime surveys
C. Victimization surveys
D. State criminal justice surveys
A
The UCR is based on
A. arrest records.
B. "crimes known to the police."
C. arrests and "crimes known to the police."
D. arrest records and victim surveys.
C
Which of the following is not a UCR Part I offense?
A. Larceny-theft
B. Burglary
C. Embezzlement
D. Motor vehicle theft
C
UCR estimates are most accurate in the area of
A. homicide.
B. forcible rape.
C. robbery.
D. motor vehicle theft.
A
Which of the following factors is most likely to contribute to the unreliability of the estimates of crime indicated in the UCR?
A. The failure of people to report crimes
B. Clerical errors by police
C. Intentional underreporting of crime by police
D. The fact that some law enforcement agencies maintain two sets of statistics
A
Errors in the UCR
A. are almost universally the result of the very structure of the UCR.
B. are minimal, considering the massive task involved in collecting crime statistics.
C. come from many sources, including nonreporting by police agencies and concealment by victims.
D. are minimal at the national level since overestimates in some areas cancel out underestimates in others.
C
Which of the following is least likely to be determined from published UCR statistics?
A. The change in the proportionate number of occurrences of different crimes in the same category
B. The efficiency of agency reporting
C. Changes in the percentage of crimes cleared by arrest
D. The absolute increase in the number of crime occurrences
B?
By examining UCR figures from the perspective of rates and proportions, as opposed to absolute numbers, we can eliminate a degree of bias. When this is done, which of the following can be estimated from UCR data?
A. The extent of police corruption
B. The overall growth, decline, or persistence of particular offense behaviors
C. The changing character of victim-offender relationships
D. Police staffing patterns and allocation of law enforcement resources
?
Victimization survey interviewers contact households, asking whether the person questioned or any member of his or her household
A. was a witness to a crime during the preceding year.
B. was a victim of crime during the preceding year.
C. committed a crime during the preceding year.
D. has any acquaintances who were convicted of crimes during the preceding year.
B
Victimization surveys have demonstrated that
A. UCR estimates are not as bad as was once thought.
B. homicide rates are at least double those reported by the FBI.
C. the amount of crime is probably several times that suggested by the UCR.
D. in some crime categories, the actual amount of crime may sometimes be less than that reported in the UCR.
C
According to the National Crime Victimization Survey (NCVS), the major reason why victims did not report crimes to the police was that they
A. were fearful of reprisals.
B. felt that there was nothing that the police could do.
C. were too lazy to contact the police.
D. believed that the police would not respond to their calls.
B
In addition to telling us what kinds of crime are committed that remain typically unknown, studies of self-reported criminal behavior can indicate
A. how the official system of control selects its cases.
B. the extent of victim losses.
C. the nature of victim-offender relationships.
D. why so much crime remains unknown.
A
In survey research, __________ refers to how good an answer the study yields.
A. validity
B. reliability
C. panel bias
D. sampling
A
In survey research, ___________ refers to the precision or accuracy of the instruments used to measure and record the phenomenon under study.
A. validity
B. reliability
C. variance
D. standard deviation
B
The "dark figure" of crime refers to
A. violent crime.
B. homicide.
C. unknown crime.
D. child abuse.
C
Which of the following is a limitation of victimization surveys?
A. They are very expensive.
B. They are dependent on the memories of victims.
C. They are dependent on the willingness of people to answer questions.
D. All of these
D
Crime victim surveys can be effective in
A. determining the extent and distribution of crime in a community.
B. determining accurate data on the incidence of homicide in the United States.
C. determining accurate data on the incidence of police corruption.
D. All of these
D?
The one crime that cannot be accurately counted by a victimization survey because few occurrences will emerge in a cross-sectional study is
A. rape.
B. homicide.
C. theft.
D. None of these
B
According to the UCR data presented in the text, the most prevalent Index crime in the United States is
A. burglary.
B. forcible rape.
C. larceny-theft.
D. robbery.
D
According to the UCR data presented in the text, the least prevalent Index crime in the United States is
A. homicide.
B. forcible rape.
C. motor vehicle theft.
D. aggravated assault.
A
In 1972, the U.S. Bureau of the Census conducted a victimization survey that demonstrated
A. the accuracy of the UCR.
B. the disparities between unreported crime and "crimes known to police."
C. that the UCR was very accurate in some cities and not in others, probably due to varying levels of police diligence.
D. how uselessness of the UCR.
B
Victimization surveys can be used
A. to describe the characteristics of victims and high-crime areas.
B. to develop training programs that stress police-victim and police-community relations.
C. to sensitize the criminal justice system to the needs of the victim.
D. All of these
D
Another primary mechanism for determining the nature and extent of ____________ or unknown crime is research into self-reported crimes.
A. the dark figure
B. deviant behavior
C. criminal nature
D. the abnormal element
A
UCR and NCVS are
A. comparable because they use the same standard crime classifications.
B. completely incomparable.
C. not fully comparable but can provide valuable information when taken together.
D. altogether relatively unreliable.
C
The only category in which UCR figures are not severely deficient is
A. homicide.
B. assault.
C. fraud.
D. illegal drug use.
C
Murder in the first degree involves
A. malice aforethought.
B. deliberation.
C. premeditation.
D. All of these
D
Mrs. Perez returns home early from work one afternoon only to find her husband sexually embracing the widow next door. Mrs. Perez goes into a blind rage, takes from her purse a handgun that she carries for protection, and shoots her husband to death. Mrs. Perez would most likely be charged with
A. murder in the first degree.
B. murder in the second degree.
C. manslaughter.
D. excusable homicide.
B
In the previous question, Mrs. Perez would have been charged in that way because of the presence of
A. malice aforethought.
B. malice aforethought and deliberation.
C. deliberation and premeditation.
D. malice aforethought, premeditation, and deliberation.
C
What rule of law holds that if a death occurs during the commission of a felony, the person committing the primary offense can also be charged with murder in the first degree?
A. High-felony doctrine
B. Negligent manslaughter doctrine
C. Felony-murder doctrine
D. Doctrine of aggravated offenses
C
If two persons become involved in a quarrel and one kills the other, what would be the most probable charge filed against the survivor?
A. Second-degree murder
B. Aggravated assault
C. Involuntary manslaughter
D. Voluntary manslaughter
D
In the following situation, what type of criminal charge would probably be filed? A scuba instructor negligently locates his air compressor in a place with improper ventilation, and as a result, the air tanks fill with carbon monoxide and cause the death of his students.
A. involuntary manslaughter
B. voluntary manslaughter
C. second-degree murder
D. first-degree murder
A
Assault, in legal terms, is
A. an intentional attempt or threat to physically injure another person.
B. an attack upon another person with or without a weapon.
C. the same as battery.
D. the nonlethal culmination of a battery.
A
__________ involves the intent to commit murder, rape, or robbery or to inflict serious bodily harm.
A. Assault
B. Battery
C. Assault and battery
D. Aggravated assault
D
Robbery is different from assault in that with robbery
A. a weapon is generally involved.
B. the victim generally suffers serious bodily harm.
C. elements of theft are involved.
D. the use or threat of force is present.
C
In common law, burglary was viewed as a crime against
A. a person.
B. a habitation.
C. a castle.
D. a business.
B
Which criterion is normally used in the various states to distinguish grand larceny from petty larceny?
A. The time at which an object was appropriated
B. The place from which an object was appropriated
C. The value of the object appropriated
D. The size of the object appropriated
C
The Controlled Substances Act
A. was a revenue code designed to make narcotics transfers a matter of record.
B. scheduled drugs in five categories and defined the offenses and penalties associated with the manufacture and distribution of any drug in each schedule.
C. established the total prohibition of marijuana, cocaine, and heroin.
D. was an attempt to control over-the-counter patent medicines
B
"Burglar's tools" can be
A. devices used to pick locks.
B. everyday tools such as screwdrivers or chisels.
C. tools specifically designed for unlawful entry.
D. All of these
D
Robbery is generally viewed as a
A. crime against property.
B. street crime.
C. crime against the person.
D. crime against public order and safety.
C
In 2003, the Supreme Court ruled that homosexuals
A. are not guaranteed a constitutional right to privacy in Texas.
B. could be arrested under the guidelines established in common-law sodomy statutes.
C. do not have a constitutional right to engage in sodomy, even if the act is consensual and occurs in private.
D. have the right to engage in consensual sexual activity under the due process clause of the Constitution.
C?
Larceny involves: 1) the taking and 2) carrying away of the 3) personal property 4) of another 5) with the intent to
A. return the property at a later time.
B. deprive permanently.
C. make a charitable donation.
D. pay for it at a later time.
B
Natural law is best described as
A. the laws of the church.
B. a body of principles and rules that are considered to be uniquely fitting for and binding on any community of rational beings.
C. that set of standards and ideals established and imposed on individuals by community consensus.
D. subordinate to man-made law.
C
Jus naturale, or natural law,
A. stands at the foundation of Anglo-American law.
B. refers to perfect standards of justice.
C. seems to be a variable and changing concept.
D. supersedes man-made law
C?
Case law is law that
A. results from court interpretations of statutory law.
B. is passed by the legislature.
C. is embodied in the Constitution of the United States.
D. descends from natural law.
A
Which phrase most accurately refers to criminal intent?
A. Mens rea
B. Mala in se
C. Mala prohibita
D. Nullum crimen sine poena
A
A ruling handed down by the U.S. Supreme Court would be an example of
A. statutory law.
B. administrative law.
C. case law.
D. jurisdictional law.
C?
"Common law" refers to
A. offenses committed against the safety and order of the state.
B. law passed by statute.
C. torts.
D. materials that guide courts in decision making but have not been enacted by legislatures or embodied in the Constitution.
D
The "right-wrong" test of criminal responsibility is known as the
A. Feebleminded Doctrine.
B. insanity defense.
C. Durham Rule.
D. M'Naghten Rule.
D
Which of the following can be used as a defense against crime?
A. Custom
B. Religious practice
C. Voluntary intoxication
D. Involuntary intoxication
D
The shooting of an armed robber by a police officer would generally be called
A. excusable homicide.
B. justifiable homicide.
C. self-defense.
D. police misconduct.
B
__________ is considered a mala in se crime.
A. Any felony
B. Homosexuality
C. Adultery
D. Theft
A
Your neighbor is arrested, convicted, and sentenced to a term of 50 years in a state prison. He has been convicted of a
A. consentable crime.
B. treasonable offense.
C. felony.
D. administrative code violation.
C?
The scheduling of drugs by the Drug Enforcement Administration is an example of
A. federal case law.
B. administrative law.
C. tort law.
D. "the law of the land."
B
The __________ represents an exception to the requirement that criminal intent must be present for an act to be a crime.
A. Durham Rule
B. misprision of felony rule
C. vicarious liability doctrine
D. defensus interruptus petition
A
Burglary involves the element(s) of
A. unlawful entry of a building or premises.
B. unlawful entry plus the intent to steal.
C. unlawful entry plus the intent to commit a crime.
D. unlawful entry plus the commission of larceny, rape, or some other felony.
...
__________ deals with actions committed against the safety and order of the state.
A. Criminal law
B. Civil law
C. Administrative law
D. Constitutional law
B
The Durham Rule extended the concept of absence of criminal responsibility to include persons _________ at the time an unlawful act is committed.
A. acting under duress
B. acting in self-defense
C. involuntarily intoxicated
D. suffering from a defective mental condition
D
Which of the following is not an element of the definition of crime?
A. Consent
B. Intent or omission
C. Sanction by the state
D. Absence of defense or justification
...
Which of the following is not a source of criminal law?
A. Common law
B. Administrative law
C. Constitutional law
D. Tort law
D?
Crimes that are considered inherently evil and immoral in nature, such as murder, rape, and theft, are referred to as
A. mala prohibita.
B. mens rea.
C. mala in se.
D. misprision (concealing) of felony.
C
The problem with the insanity defense is that "insanity" is a __________ term.
A. legal
B. medical
C. psychiatric
D. undefinable
D
The Eighteenth Amendment is an illustration of
A. the process whereby an issue becomes a moral crusade.
B. legislation to protect the American people.
C. the silliness of some amendments.
D. the integral role of alcohol in crime.
?
Which of the following was not an element of the "war on crime" outlined in 1965 by the President in his message to the 89th Congress?
A. Increased federal law enforcement efforts
B. Assistance to local law enforcement efforts
C. A comprehensive, penetrating analysis of the origins and nature of crime in modern America
D. All of these were outlined as elements of the "war on crime."
B
The recommendations of the President's Commission on Law Enforcement and Administration of Justice were disappointing because
A. studies by noted criminologists such as Sutherland and Wilson tended to
minimize the poverty-crime connection.
B. it was naive to reason that by simply spending enough money and energy America could abolish crime.
C. they said nothing that was really new and innovative.
D. All of these
...
The majority of historical and scholarly evidence suggests that poverty
A. and crime tend to increase at the same time.
B. may serve to perpetuate crime but is not a major cause of crime.
C. and crime are totally unrelated.
D. and crime rates stand in an inverse relationship.
B
Those scholars who had spent their lives studying crime were acutely disappointed with the President's suggestion that poverty was one of the most important causes of crime and therefore should be a target of the "war on crime." Why?
A. They believed that organized crime should be the major topic.
B. Youth crime could not be linked with poverty.
C. Drug use had been attributed to youths from affluent families.
D. They knew that the root causes of crime could not be found in any simplistic equation involving only the disadvantaged segments of society.
D?
The President's "war on crime" resulted in the passage in 1968 of a major piece of federal legislation. What was it?
A. Law Enforcement Assistance Act
B. Omnibus Crime Control and Safe Streets Act
C. Harrison Act
D. The Model Penal Code
B
Which federal agency was created to lead the "war on crime?"
A. Office of Law Enforcement Assistance (OLEA)
B. Bureau of Drug Abuse and Control (BDAC)
C. Law Enforcement Assistance Administration (LEAA)
D. Task Force on Organized Crime (TOC)
C
The LEAA was most effective in
A. reducing the crime rate.
B. determining the causes of crime.
C. reducing the size of jail populations.
D. establishing criminal justice education programs.
D
The ________________ was a piece of federal "law and order" legislation that was viewed by many as a political maneuver aimed at allaying fears of crime rather than bringing about criminal justice reform.
A. Omnibus Crime Control and Safe Streets Act
B. Posse Comitatus Act
C. President's Commission on Law and Order
D. Law Enforcement Education Act
A
As early as 1930, the U.S. Supreme Court began the process of the "nationalization" of the ________________ in order that the rights provided by this document may also be extended to state defendants.
A. Bill of Rights
B. Constitution
C. Declaration of Independence
D. Emancipation Proclamation
A
Political scientist James Q. Wilson targeted the peculiarity of the poverty-crime nexus in his phrase
A. "Poverty as such is not an important cause of crime."
B. "Crime amidst plenty: the paradox of the sixties."
C. "Civil rights law is a law against crime."
D. "Money for schools is money against crime."
B
In the 1960s, the Warren Court announced a number of decisions that were in accord with the due process model of the criminal justice system; one decision after another led toward the incorporation of the Bill of Rights through the _______________________ clause of the Fourteenth Amendment.
A. crime control
B. police control
C. due process
D. citizenship
C
In contrast to the Warren Court, the Burger Court appeared to support a (an)
A. due process model.
B. crime control model.
C. corrections model.
D. inmates model.
B
Since the early 1970s, the number of female inmates has
A. decreased.
B. increased.
C. remained the same.
D. increased, but women have remained in their traditional roles when participating in crimes.
B
Appeals for "law and order" were cries for
A. a return to the morality of previous decades and a rallying slogan against the anarchy that appeared to prevail in the streets.
B. tougher sentencing guidelines for convicted criminals.
C. the nationalization of the Bill of Rights.
D. reform of corrupt police departments.
...
The assassination of President Kennedy, the murders of Nicole Brown Simpson and Ronald Goldman, and the accusations of child molestation against Michael Jackson are similar because of the _______________ of the individuals involved.
sheer visibility
The main criticism targeted against the LEAA was that it overemphasized the funding of a technological war on crime.
True or False?
T
A legacy of the "war on drugs" is a criminal justice process that appears to be drug-driven in almost every respect.
True or False?
...
Five Major Types of Crime
-occupational crime
-organized crime
-visible crime (street crime)
-crimes without victims
-political crimes
Consensus vs Conflict
-mala in se
-mala prohibita
Mala in Se
-evil in itself
-behavior inherently wrong
Mala Prohibita
-Evil thats forbidden/prohibited
-bad because society says so
Who can do investigations?
police arrest vs. citizen's arrest
How long do investigations continue?
-ongoing but probably ends with arrest
What is a warrant
search and arrest
Whats probable cause?
-hunch
-suspicion
-reasonable belief that a crime has occurred and a specific person committed it
-preponderance of evidence
-proof beyond reasonable doubt
Miranda Rights
Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)
-only necessary when questioning
Criminal Justice Process
booking->charging->first initial appearance->preliminary hearing ->Information indictment->arraignment ->trial-> sentencing->appeals
Booking
-formal recognition that a person is in custody
-fingerprints, photographs
-miranda rights formally read
-possible interrogation/ lineup
Charging
-prosecutor makes decision as to what the charge should be
First/Initial Appearance
-prevents "finishing expeditions"
-advises defendant of charges
-formal detailing of rights
-chance for bail (if approved by judge)
Preliminary Hearing
-used in about half of the states
-"mini-trial"
-not required can be waived
-gives defense a chance to asses case against defendant
Information/Indictment
Grand Jury
-investigates wrongdoing
-affirms or denies prosecutors charges
-does not decide guilt of innocence
Arraignment
-formal charges read
-chance to enter please
-guilty, not guilty, mute, nolo contendere
Trial
-Not typical due to: plea bargaining or prevalence of guilty please
-Bench v Jury Trial
Sentencing
-can be done by judge or jury
-presentence investigation
-judges options: consecutive vs concurrent sentencing or suspend sentence
Appeals
-only if found guilty
-only by defense
-usually no grounds for appeal
-usually 80% denied
Criminal Justice System Characteristics
-discretion
-resource dependence
-sequential tasks
-filtering
Wedding Cake Layer 1
-celebrated perpetrators/victims
-type the media loves
Wedding Cake Layer 2
-serious felonies by experienced offenders
-violent crimes
-gets full attention of the criminal justice system
Wedding Cake Layer 3
-less serious offenses which may be felonies
-dealt with less seriously such as probation
Wedding Cake Layer 4
-most misdemeanors
-handled in assembly line fashion
-typical penalty is a small fine
-having to go to court may be the real punishment
Crime Control Model
A model of the criminal justice system that assumes 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.
Due Process Model
The perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure
Public Order vs Individual Freedom
The classic struggle law makers deal with is how to keep public order while still insuring freedom for the individual
Goals of the Criminal Justice System
1.Doing Justice
2. Controlling Crime
3. Preventing Crime
Federalism
A system of government in which power is divided between central (national) and regional (state) governments.
Dual Justice System (State)
State systems handle alleged violations of state laws.
Dual Justice System (Federal)
The Federal System deals with alleged violations of federal law.
Executive Branch (make-up)
President, Governors, and Administrative Offices
Judicial Branch (make-up)
The courts
Legislative Branch (make-up)
those units that make substantive and procedural law
Executive Branch (what they do)
-carry out acts of government
-holds power of appointment and pardons
-provides leadership for crime control
Legislative Branch (what they do)
-defines criminal behavior
-establishes penalties
-funds crime control programs
Judicial Branch (what they do)
-administers the process by which criminal responsibility is determined
-appellate courts interpret laws and review legislative decision making
Marbury vs Madison
Established the power of the judicial review.
Crime Index
made up of eight offenses used to measure crime: homicide, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson
Crime rate
the number of crimes committed per 100,000 population
Part I offenses
Crimes reported annually by the FBI in its Uniform Crime Report. Part I offenses include murder, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft.
Part II offenses
All crimes recorded by the FBI that do not fall into the category of Part I offenses. Include both misdemeanors and felonies.
Uniform Crime Reports (UCR)
An annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies.
victimization surveys
Surveys that attempt to measure the extent of crime by interviewing people who have suffered crime.
arson
act of setting fire(s) purposely
assault
a violent attack
breaking and entering
entering somewhere illegally
Carrier's Case
-Legal Ruling whereby a person in possession of another's packaged goods, who opens the package and misappropriates its contents, is guilty of larceny
deliberation
discussion or careful consideration of an issue
domestic violence
abuse, physical or mental, that occurs within the home
felony-murder doctrine
maintained that any death resulting from the commission of, or attempt to commit, the crimes of arson, burglary, larceny, rape or robbery was to be considered murder
hate crime
a criminal offense committed because of the offender's bias against a race, religion, ethnic group, national origin, or sexual orientation
homicide
the killing of one person by another
larceny
theft of property
Lawrence v. Texas
A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
malice aforethought
killing on purpose after planning it
manslaughter
an unpremeditated taking of a human life
murder
unlawful killing of another human being with malice aforethought
organized crime
a business supplying illegal goods or services
Pear's Case
-Legal ruling whereby a person who has legal control of another's property and converts that property so as to deprive the owner of his possessory rights is guilty of larceny
premeditation
planning or plotting in advance of acting
rape
any form of sexual intercourse that takes place against a person's will
robbery
The wrongful taking of someone's property by threatening violence or using violence
theft
the act of stealing
white collar crimes
A wide range of nonviolent crimes, often involving cheating or dishonesty in commercial matters. Examples would be fraud, embezzlement, and insider trading.
abettor
one who encourages or assists(in doing bad things)
accessory after the fact
one who knowing a crime has been committed helps conceal the crime or the criminal
accessory before the fact
one who encourages, orders, or helps plan a crime
administrative law
rules and procedures established by regulatory agencies
anomie
the loss of direction felt in a society when social control of individual behavior has become ineffective
case law
Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
civil law
law dealing with private rights of individuals
common law
a legal system based on custom and court rulings
constitutional law
law based on the constitution and supreme court decisions
conspiracy
treacherous plot; secret plan against the law (by two or more people)
criminal law
law concerned with public wrongs against society
defense
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.
deviance
the recognized violation of cultural norms
differential association
A theory of deviance that holds that violation of rules results from exposure to attitudes favorable to criminal acts.
differential opportunity theory
Theory stating that in addition to the legitimate economic structure, an illegitimate opportunity structure also exists which is unequally distributed across social classes
differential reinforcement theory
people are deviant for the same reasons as people who conform
Durham Rule
an accused is not criminally responsible if his unlawful act was the product of mental disease or defect
Entrapment
law enforcement officer induces a law-abiding citizen to commit a crime.
felony
a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death
general strain theory
The view that multiple sources of strain interact with an individual's emotional traits and responses to produce criminality.
labeling theory
An approach to deviance that attempts to explain why certain people are viewed as deviants while others engaged in the same behavior are not.
misdemeanor
a crime or offense that is less serious than a felony; any minor misbehavior or misconduct
misprision felony
The failure to report a known felony.
M'Naghten Rule
A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.
Natural Law
the concept that there is a universal order built into nature that can guide moral thinking
Primary Deviation
In labeling theory, the act or attitude that causes one to be labeled deviant.
Robinson v. California
incorporation of the 8th amendment's right to freedom from cruel and unusual punishment (1962)
Secondary Deviation
individual accepts the label and sees oneself as deviant.
social control theory
The view that people commit crime when the forces binding them to society are weakened or broken.
social disorganization theory
the theory that crime and deviance are caused by the absence or breakdown of communal relationships and social institutions
statutory law
Law passed by the U.S. Congress or state legislatures
vicarious liability
legal doctrine under which a party can be held liable for the wrongful actions of another party
Burger Court
Warren Burger was appointed by Nixon in 1969 as the 15th Chief Justice of the Supreme Court. The Court he presided over was more conservative that the Warren Court, handing over more power to the states throught the Court's decisions
Crime Control Model
A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.
Due Process Model
a criminal justiced perspective that emphasizes individual rights at all stages of justice system processing
ethnocentrism
tendency to view one's own culture and group as superior to all other cultures and groups
Law Enforcement Assistance Administration (LEAA)
a federal bureaucracy created to involve the national government in local crime control by supplying funds to the states for training and upgrading criminal justice agencies
Omnibus Crime Control and Safe Streets Act
Permitted court authorized wire-tapping and bugging by federal, state, and local authorities and use of such evidence in trial. Later reversed by the Supreme Court based on 4th Amendment rights.
President's Commission on Law Enforcement and Administration of Justice
Concluded that most people had lost confidence in the ability of the police to maintain law and order
Terrorism
the use of violence by groups against civilians to achieve a political goal
Warren Court
the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism
Five Major Types of Crime
-occupational crime
-organized crime
-visible crime (street crime)
-crimes without victims
-political crimes
Consensus vs Conflict
-mala in se
-mala prohibita
Mala in Se
-evil in itself
-behavior inherently wrong
Mala Prohibita
-Evil thats forbidden/prohibited
-bad because society says so
Who can do investigations?
police arrest vs. citizen's arrest
How long do investigations continue?
-ongoing but probably ends with arrest
What is a warrant
search and arrest
Whats probable cause?
-hunch
-suspicion
-reasonable belief that a crime has occurred and a specific person committed it
-preponderance of evidence
-proof beyond reasonable doubt
Miranda Rights
Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)
-only necessary when questioning
Criminal Justice Process
booking->charging->first initial appearance->preliminary hearing ->Information indictment->arraignment ->trial-> sentencing->appeals
Booking
-formal recognition that a person is in custody
-fingerprints, photographs
-miranda rights formally read
-possible interrogation/ lineup
Charging
-prosecutor makes decision as to what the charge should be
First/Initial Appearance
-prevents "finishing expeditions"
-advises defendant of charges
-formal detailing of rights
-chance for bail (if approved by judge)
Preliminary Hearing
-used in about half of the states
-"mini-trial"
-not required can be waived
-gives defense a chance to asses case against defendant
Information/Indictment
Grand Jury
-investigates wrongdoing
-affirms or denies prosecutors charges
-does not decide guilt of innocence
Arraignment
-formal charges read
-chance to enter please
-guilty, not guilty, mute, nolo contendere
Trial
-Not typical due to: plea bargaining or prevalence of guilty please
-Bench v Jury Trial
Sentencing
-can be done by judge or jury
-presentence investigation
-judges options: consecutive vs concurrent sentencing or suspend sentence
Appeals
-only if found guilty
-only by defense
-usually no grounds for appeal
-usually 80% denied
Criminal Justice System Characteristics
-discretion
-resource dependence
-sequential tasks
-filtering
Wedding Cake Layer 1
-celebrated perpetrators/victims
-type the media loves
Wedding Cake Layer 2
-serious felonies by experienced offenders
-violent crimes
-gets full attention of the criminal justice system
Wedding Cake Layer 3
-less serious offenses which may be felonies
-dealt with less seriously such as probation
Wedding Cake Layer 4
-most misdemeanors
-handled in assembly line fashion
-typical penalty is a small fine
-having to go to court may be the real punishment
Crime Control Model
A model of the criminal justice system that assumes 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.
Due Process Model
The perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure
Public Order vs Individual Freedom
The classic struggle law makers deal with is how to keep public order while still insuring freedom for the individual
Goals of the Criminal Justice System
1.Doing Justice
2. Controlling Crime
3. Preventing Crime
Federalism
A system of government in which power is divided between central (national) and regional (state) governments.
Dual Justice System (State)
State systems handle alleged violations of state laws.
Dual Justice System (Federal)
The Federal System deals with alleged violations of federal law.
Executive Branch (make-up)
President, Governors, and Administrative Offices
Judicial Branch (make-up)
The courts
Legislative Branch (make-up)
those units that make substantive and procedural law
Executive Branch (what they do)
-carry out acts of government
-holds power of appointment and pardons
-provides leadership for crime control
Legislative Branch (what they do)
-defines criminal behavior
-establishes penalties
-funds crime control programs
Judicial Branch (what they do)
-administers the process by which criminal responsibility is determined
-appellate courts interpret laws and review legislative decision making
Marbury vs Madison
Established the power of the judicial review.