74 terms

Criminal Justice Midterm

Robert Merton
Anomie: namelessness. A disjunction between socially acceptable goals and means in American history. While teh same goals and means are held out by society as desirable for everyone, they are not equally available to all. So some people turn to legitimate means to achieve the goals they feel pressured to reach. Still others reject both acceptable goals and legitimate means of reachign them.
Merton: Conformist:
accept both goals and means that society holds a legit
Merton: Innovators
accept goals but reject means- use illegal means to gain money, power, success. Property offenses, white collar crimes
Merton Retreatist
reject boht the goals the means and usually drop out of soceity by becoming derelicts, drug users, hermits or the like. Drug use/addiction, vagrancy
Merto: Rebels:
Constitute a special category. Their desire to replace the existing system of socially approved goals and means with some other system more to their liking. environmental activists who violate the law, violence- prone anti-abortionists)
Merton RitualistS:
Those who reject success goals but still perform their daily tasks in conformity with social expectations. Mundane lifestyle.
Jeremy Bentham
Hedonistic Calculus: The exercise of free will would cause an individual to avoid committing a crime as long as the punishment for comitting that crime outweighted the benefits ot be derived from committing it. "utilitarianism"
Cesare Lombroso
A condition characterized by the existence of feadtures thought to be common in earlier stages of human evolution. The shape of the skull.
Edwin Sutherland
Differential Association: Explains crime as a natural consequence of the interaction with criminal lifestyles. Criminal behavior is learned.
Cesare Beccaria
Free will theories: Crime is caused by the individual exercise of free will. Punishment should be sufficient to deter criminal behavior but not excessive.
Labeling Theory
A social process perspective that sees continued crime as a consequence of the limited opportunities for acceptable behavior that follow from the negative responses of society to those defined as offenders.
A socially pervasive condition of normlessness. Also, a disjuction between socially approved goals and means.
A person with a personality disorder, especially one manifested in aggresively antisocial behavior, which is often said to be the result of a poorly developed superego.
A human male displaying the XYY chromosome structure. (Patricia Jacobs)
A condition characterized by the existence of features thought to be common in earlier stages of human evolution.
Grand Jury
A group of jurors who have been selected according ot law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.
Probable Cause
A set of facts and circumstances that wolud induce a reasonably inteligent and prudent person to believe that a specified person has committed a specified crime. Also, reasonable grounds to make or believe an accusation. Probable cause refers to the necessary level of belief that woudl allow for police seizures of individuals and full searches of dwellings, vehicles, and possessions.
National Incident Based Reporting System:
An incident-based repoting system that collects detailed data on every single crime occurrence. NIBRS data is replacing the kinds of summary data that have traditionally been provided by the FBI's uniform Crime Reporting Program.
Actus Reus:
An act in violation of the law. Also, a guilty act.
Mens Rea
The state of mind that accompanies a criminal act. Also, a guilty mind.
Corpus Delicti
The facts that show that a crime has occurred. The term literally means the body of the crime.
Self- Defense
The protection of oneself or of one's property form unlawful injury or from the inmediate risk of unlawful injury. Also, the justification that the person who committed an act that would otherwise constitute an offense reasonably believed that the act was necessary to protect self or property from immediate danger.
Diminished Capacity:
A defense based on claims of a mental condition that may be insufficient ot exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.
An improper or illegal inducement to crime by agents of law enforcement. Also, a defense that may be raised when such inducements have occurred.
Sir Robert Peel
Formed what many have hailed as the world's first modern police force. Started the London Metropolitan Police Force- aka New Police.
Differential Association:
Explains crime as a natural consequence of the interaction with criminal lifestyles. Criminal behavior is learned.
Miranda Warnings
The aadvisement of rights due criminal suspects by the police before questioning begins. Miranda warnings were first set forth by the US Supreme Court in the 1966 case of Miranda v. Arizona.
Good Faith Exception
An exception to the exclusionary rule. Law enforcement officers who conduct a search or who seize evidence on the basis of good faith (That is, when they believe they are opearting according to the dictates of the law) and who later discover that a mistake was made (perhaps in the fomat of the application for a search warrant) may still provide evidence that can be used in court.
Plain View
A legal term describing the ready visibility of objects that might be seized as evidence during a search by police int he absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and mjst have cause to believe that the evidence is somehow associated wtih criminal activity.
Exclusionary Rule
The understanding, based on US supreme COurt precedence that incrimination information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a crminal trial.
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.
Penal Code
THe written, organized, and compiled form of the criminal laws of a jurisdiction.
Incohate Offense
an offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.
Common LAw
LAw originating from usage and custom rather than from written statues. the term refers to an unwritten body of judicial opinion, originally developed by English courts, that is baded on nonstatuatory customs, traditions, and precedents that help guide judicial decision making.
Models of the Criminal Justice System: Crime Control Model
Catch and punish: emphasis on efficiency not much discretion. Law enforcement
Models of the Criminal Justice System: Due Process Model
Innocent until proven guilty, more discretionary. Formal/equally under the law. Courts.
Uniform Crime Report
A statistical reporting program run by the FBI's Criminal Justice Information Services division. Provides an annual summation of the incidence and rate or reported crimes throughout the United States. Part 1 and 2 crimes. Part 1: murder, rape, robbery, aggravated assault, burglary of house, stealing motor vehicle, theft. Part 2: victimless crimes: vagrancy, vandalism, fraud, loitering, etc.
When warrantless searches are okay
1: Protect life
2: Prevent an escape
3: removal or destruction of physical property
Community Policing
Get cops out of the cars and into the community. Problem solving/oriented policing- find root of problem, so we don't have to keep dealing with it. Cons: leads police to become social workers.
The factors that go into police discretion?
Policy, peer pressure, politics, all factors except those that are illegal.
Problem solving policing:
find root of problem and stop it, so we don't have to keep dealing with it.
Theories and Explanations of Criminal Behavior:
Economic factors/poverty
social environment
family structures
National Crime Victimization Survey
An annual survey of selected American households conducted by the Bureau of Justice Statistics to deterime the extend of criminal victimization-- especially unreported victimization in the United States.
Crime Index
A now defunct but once inclusive measure of the UCR Program's violent and propety crime categories, or what are called Part 1 offenses. The Crime Index, long featured in the FBI's publication Crime in the United States, was discontinued in 2004. The index had been intended as a tool for geographic and historical comparisons via the use of crime rates. However, criticism that the index was misleading arose after researchers found thta the largest of the index's crime categories, larceny-theft, carried undue weight and led to an underappreciation of changes in the rates of more violent and serious crimes.
Criminal Families
The idea of mental degeneration as an inherited contributor to crime was first explored by Richard Dugdale.
Punishments in Texas
Felony > Misdemeanor > Offenses.
5 felony grades: capital > 1st degree > 2nd > 3rd > state jail felony
What you get in lieu of going to jail.
What you get after you get out of jail.
Justification Defenses for Crime:
Self-Defense. Defense of Others (alter ego: a person can defend a 3rd party). Defense of Home and Property. Necessity. Consent. Resisting Unlawful arrest.
Excuses for Crime
Age, Mistake, Duress, Involuntary Intoxication, Unconciousness, Provocation
Insanity Defense
A legal defense based on claimsof mental illness or mental incapacity.
United States Marshals Service:
An act of Congress in 1789 which caused federal law enforcement to be made in the form of US marshals. It is still part of the executive branck of government and is the enforcement arm of the US federal courts. Protection of court officers and buildings and the effective operation of the judiciary.
Created by President Roosevelt- us marshalls morphed into the FBI. The FBI became a national investigation service designed to quickly identify and apprehend offenders charged with a growing list of federal offenses. Now purpose: to stop terrorism.
Stop and Frisk
The detaining of a person by a law enforcement officer for the purpose of investigation, accompanied by a superficial examination by the officer of the person's body surface or clothing to discover weapons, contraband or other objects relating to criminal activity.
USA Patriot Act:
A federal law enacted in response to terroristy attacks on the World Trade Center and the Pentagon on September 11, 2001. The law- oficially titled the Uniting and Strengthening Ameria by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, substantially broadened the investigative authority of law enforcement agencies throughout America and its applicabe to many crimes other than terrorism. The law was slightly revised and reauthorized by Congress in 2006.
Brady Handgun Violence Prevention
Instituted federal background checks on firearm purchasers in the United States.
1983 Lawsuit
A civil suit brought under Title 42, Section 1983, of the U.S. Code against anyone who denies others their constituional right to life, liberty or property without due process of law.
Katz. Vs. US
Federal agents had monitored a number of Katz' phone calls from a public phone. Decision: a warrant is required to unveil what a person makes an effort to keep private, even in a public place. recording private words constituted a search and seizure with the 4th amendment.
Exceptions to Miranda
1: The routine booking question exception
2: The gail house informant exception
3: THe public safety exceptoin
an arrest without questioning
Miranda. Vs. Arizona
Established the requirement of a police "rights advisements" of suspects.
Mapp vs. Ohio
Applied the exclusionary rule to criinal prosecutions at the state level. The ocurt held that the due process clause of the 14th amendment to the US constitution makes Fourth amendment provisions applicable to state proceedings.
Tennessee v. Garner
Specified the conditions under which deadly force could be used in the apprehension of suspectd felons. ONly when the suspect would be thought to represent a significant threat of serious injury to the public or the officer. (Garner was shot and killed by a police officer after he refused to halt)
Terry V. Ohio:
Terry case set the standard for a brief stopand frisk based on reasonable suspicion. Must have reasonable grounds for any stop and frisk.
Kyllo v. US
THe court held that if teh government uses a device that is not in general public use, to explre details of a private home, that would previously have been unknowable without physcial intrusion, the surveillance is a 4th amendment search and is unreasonable without a warrant. Need to have a warrant to use such devices. (because there was not warrant had to overturn kyllo's conviction).
Bivens v. Six Unknown Named Agents
Ruled that an implied cause of actions existed for an individual whose 4th amendment freedom from unreasonable search and seizures had been violated by federal agents. Bivens acions may be addressed against individals but not agains the US or its agencies.
Warden v. HAyden
THe US supreme court first recognized the need for emergency searches in 1967. They approved the warrantles search of a resdience following reports that an armed robber had fled into the building.
Mistake of FAct
While a person has committed the physical element of an offense because they were laboring under a mistake of fact, they never formed the mens rea and so will escape liability for offenses that rquire mens rea.
Mistake Of LAw
usually not a defense- ignorance of the law is no excuse. errors made by a person in understanding how the applicable law applier to their past activity.
Reasons to sue a police officer
When they doing something illegal or completely unreasonable. Otherwise they have," qualified immunity".
Merton's strain theory
social structures in either society or individually may pressure citizens to commit crime.
Castle docrtime.
legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances use force, up to and including deadly force, to defend against an intruder without becoming liable to prosecution
Insanity Defense in TExas
Defendant must show that he was suffering from a severe mental disease or defect. Substantial- capacity test.
Culpable Mental States In Texas
Knowingly. Intentionally. Recklessly. Negligently.
Wilson's policing styles:
1: the watchman style (1840-1930) marked by a concern for order maintenance. characteristic of lower class communities where police intervene into the lives of residents.
2: the legalistic (1930-1970): strict concern for enforcing the law precisely. May take a hands off approach to disruptive or porblematic behavior that doesnt violate the criminal law
3: the service style (1970- today): Concerm with helping rather than strict enforcement. more likely to use community resources, such as drug treatment programs to supplement traditional law enforcement activities thatn are other types of agencies.