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CRIMINOLOGY Test 1
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Terms in this set (41)
Criminology
Crime as a social phenomenon. Making laws, breaking laws, and reacting toward the breaking of laws. Investigates crimes, criminals, and criminal justice
Deviance
Illegal and legal behavior that breaks a social norm
Utilitarianism
actions are morally admissible if and only if they produce at least as much net happiness as any other available happiness. The right action will create most happiness
direct file
prosecutors power to try juveniles directly in adult criminal court
Preliminary Hearing
Preview of trial, held in court/in front of judge/ prosecutor must provide sufficient evidence of guilt for the case to be bound over for the grand jury or to proceed to trial
exclusionary rule
rule prohibiting use of illegally obtained or otherwise inadmissible evidence in a court of law
prima facie case
Case where there is as much evidence as would warrant the conviction of the defendant if properly proved in court, unless contradicted, case meets evidentiary requirements for grand jury indictment
Miranda warning
Warning explains the rights of an arrestee. Arresting officer is required by law to recite the warning at the time of the arrest
probable cause
Set of facts that would induce a reasonable person to believe the an accused person committed the offense in question; minimum evidence requirement For an arrest 4th amendment
parens patriae
state assumes role of legal guardian over children in court whose parents are deemed incapable or unworthy
reasonable suspicion
warranted suspicion that a person may be engaged in the commission of a crime
plea bargaining
making an agreement btw defense and prosecution for certain leniencies in return for a guilty verdict
community policing
Relies on public confidence and citizen cooperation to help prevent crime and make the residents of a community feel more secure
police subculture
Result of socialization and bonding Amon police officers due to the stress of and anxiety produced on the job
Explain the difference between deviance and crime.
Deviance isn't always illegal, crime is. Deviance is violation of informal norms, far greater acts of deviance. Crime violation of formal norm. Some not considered deviance due to their acceptance in society
Compare and contrast the consensus model and the conflict model.
consensus model- a criminal justice model that defines criminal behavior as those acts that conflict with the values and beliefs of society as a whole.
People come together and naturally make laws
The "society" will pass laws to control and prevent deviant behavior
Laws change as the society changes
Conflict model-a criminal justice model in which the content of criminal law is determined by the groups that hold economic, political, and social power in a community. The most politically powerful segments of society based on class, income, age and race have the most influence on criminal. Rejects the assumption that everyone within a society can come to a peaceful overall agreement
Groups constantly competing against one another to gain power over the other
Compare and contrast the classical school and the positivist school of criminology
Classical School: people are rational, weigh the pros and cons of committing a crime
Positivist School: criminals act in a different way than non criminals and have their own distinct set of characteristics
Discuss Durkheim's concept of anomie in a homogeneous versus a heterogeneous society.
Durkheims concept of anomie is breaking down social orders as a result of a loss of standards and values. In a heterogeneous society punishment is used to right the wrong done to the victim but in a homogeneous society punishment is used to reinforce what is right and wrong.
Know the general (not specific) stages of the criminal justice system
1. Victim
2. Police
3.Miranda Warning
4.Custody
5. Magistrate
6. Preliminary Hearing
7.Grand Jury
8. Ad-junction
1. entry into the system 2. prosecution & pretrial 3. adjudication
4. sentencing 5. corrections
How did the juvenile justice system develop?
The juvenile justice system was established thru the lobbying of the Chicago society women who had a desire to help the "out of control" immigrant children (BUT the juvenile court proved not to be a help but rather gave the state more leeway to label some children as deviant) ... The state assumed the role of handling juvenile delinquency which was previously handled by parents, neighbors, church
How are the adult and juvenile justice systems different?
The Juvenile System is more about helping and rehabilitation and changing the child. While the Adult justice system is more about justice and putting them behind bars if that solves the case.
What is the role of the victim in the process of the criminal justice system?
Prosecution/Pretrial
1. Not so good for victims
2.Have no say but sit&watch
3.Have right to have a written statement or stand up
4. Have say in sentence &parole
Discuss the professionalization of policing that was pioneered by Vollmer and Wilson.
They delt with modern day policing and law enforcement. Volmer=University training for young officers. Wilson= Admin techniques to policing& started CJ as a academic field.
Compare and contrast the various types of law enforcement agencies in the United States.
FBI - Can investigate any crime ultimate police force
DEA - Drug enforcement deal w/ drugs
Boarder Patrol - Keep eyes on who's crossing the boarder
County Police - County wide policing
State police - control traffic on the highways
Explain the command structure and the difference between line functions and non-line functions.
The command structure was developed to maintain order in the police department. Line functions are patrol duties such as investigation and traffic control. Non-line functions involves staff duties such as planning or research.
Discuss the three primary police functions.
Law enforcement involves intervention in situations in which the law has been broken.
Order maintenance is observing police on duty.
Community service is police providing service to those of the community who by reason of personal, economic, social, or other circumstances are in need of immediate aid
Compare and contrast the various methods of community policing.
Problem oriented policing is when police work with citizens to identify and respond to community problems. Foot patrol is when police walk the streets on the lookout for suspicious behavior. Preventive patrol is an increase in police presence and visibility
Discuss the six areas in which police departments have been found to be defective or deficient.
1. Police can lie to you
2. Police can't chase in busy area
3. Police can put you in jail for minor reasons
4. Police can stop you for race
constitutional due process, civil rights, use of deadly force and police brutality, abuse of discretion, corruption and police-community relations.
Based on the information from the two films that deal with forensic evidence listed above, what are major concerns about "justice" and this kind of evidence? Which evidence is most reliable and which is least?
1. Confessions
2. Finger Printing
3.Autopsy
___
DNA is most reliable and Eyewitness is least
According to the same three films, how do courts determine the expertise of witnesses?
The court allows anyone that says they saw something be a witness in the court. Even if the person is not full accurate in what they actually saw.
The legal requirements for expert witness are minimal - Federal Rule of Evidence 702, expert witnesses must have knowledge, skill, experience, training, or education that helps the jury/judge understand the evidence/determine a fact in issue
Butler talks about the tipping point of incarceration and the effect on poor communities where arrests become counterproductive. Explain his two reasons for this.
For every person who goes to jail a vacancy is created that at least one person fills. This replacement effect explains why certain crimes remain stable no matter how many people are locked up. Also, because of mass incarceration families are disrupted, many young men become unemployable, and it changes the way people think about crime and punishment.
Butler talks about how invasive inventions in science have become to monitor criminals or non criminals. Describe two examples of new technology that can help but might be viewed by some to violate a person's right to privacy.
Electronic monitoring such as ankle bracelets allows the courts to monitor the offenders whereabouts, whether he/she has a curfew or home detention. Another type of EM is periodic calls either made by a person or a machine to the offender's home to verify he/she presence. These are sometimes seen as an invasion of a person's privacy because they are constantly being monitored with no time of their own.
Describe Butler's concerns about snitches and how they vary from witnesses.
Butler believes the police depends too much on snitches and sometimes innocent people are implicated. Also since the identity of snitches is confidential it is hard to verify credibility and actual existence. Finally, the co-dependence between police and bad guys makes communities less safe, turning neighbors against each other.
Describe Conlon's use of snitches and how they help the police with drug busts.
Conlon uses snitches to get inside information and he also has these informants go inside a building or room to actually verify that illegal activity is occurring which then allows him to get a warrant.
Describe how Conlon's view of being a police officer changes from Chapter 1 to Chapter 11. What changes him?
He was bright-eyed busy tailed rookie cop that felt protective and competitive about his beat. As time continues, learn that it is called a beat bc it beats you down. The job wears men down where they feel unappreciated for doing a lot of grunge work
Describe the command issues and bureaucracy of the police department. How would you describe promotion decisions and the ways that police get in job trouble.
Command structure was developed to maintain order—line function are patrol duties and non-line function to support patrol
Generally how do neighborhood people in poor communities respond to police? Explain, since there are a range of responses.
Initially police presence not received well - eventually community warms up to cop and know kids/neighbors by name. Protect innocent and keep other in line; snitches can be a problem if people feel as though neighbors are all informing/incriminating each other—also potential for corruption/ police just looking the other way
Describe Conlon's experiences and view of drug users in his book.
Junkies were a little more human. And Terminal Junkies have a fatal calm as if they were keeping their eyes open as their drowning.
How much does race appear to be an issue in Conlon's book? Does it matter in terms of the race of a cop and does it matter in terms of the criminal, and how does it impact in relations between the police and a community?
Race is a issue on Colons book if a cop arrest someone with a different race he is considered "racist" and if it is someone of the same races it's like he's turning his back on his people. And it mentioned in the office there was a joke if you arrest a white person he is more corr operative and might fill out his own paper work.
In the film, Peace Officer, what does it mean to talk about the militarization of the police? How did this happen and what are the results in terms of the experiences of the average citizen at home if the police come to your house in the night?
In the film Peace Officer, it discussed how the United States created the 1033 Program. This program gave excess military equipment to civilian law enforcement agencies across the country. In order to keep the weapons, the local police forces must use the weaponry within one year. Since local police authorities are receiving this type of weaponry, they are more prone to use deadly force. Dub Lawrence explained he created and trained Utah's first SWAT team. He wanted the SWAT team to protect citizens and not kill. However, it did the opposite. They killed several people, including his son-in-law Brian. The increased use of SWAT teams and militarized force has posed a threat to the relationship between communities and local police. The SWAT teams were meant for active shooters or hostage situations; however that is no longer true. Now SWAT teams break into homes every day for much less violent crimes.
In Adler's sixteenth chapter, she says deadly force cannot be used unless necessary to stop a suspect that escaped and poses a threat to society. The police officer determines if the perp is a threat by probable cause.
In the film, Think about Calvin, how does this experience tie in with some of the material in the chapters from Butler?
The police wouldn't believe Butler. The cop lied on the stand and cops stick together. Butler talks about racial profiling in America. More and more African American families are becoming victimized to police brutality.
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