Upgrade to remove ads
Only $2.99/month

CJ 4995 Exam-CAPSTONE

Terms in this set (400)

Penology
The study of the use of punishment for criminal offenses
Penitence
Feeling or expressing remorse for one's misdeeds or sins
Corrections
The range of community and institutional sanctions, treatment programs, and services for managing criminal offenders
Punishment
Holding a person accountable for committing a crime
Deterrence
A correctional goal focused on the future behavior of the offender and society
Incapacitation
Reducing the offender's ability or capacity to commit future crime
Bail
A pledge or money or property in exchange for a promise to appear in court
Bond
Bail paid by a third party, for a fee, in exchange for a promise to appear in court
Forfeiture
Penalty or loss of ownership for the illegal use of property or asset
Determinate Sentencing
A flat or straight sentence where a specific term is imposed upon conviction
Intermediate Sanctions
Correctional supervision that falls between the most lenient and most harsh types of punishment
Home Detention
A sanction in which the offender must not leave his/her home except during court approved times
Shock incarceration
Characterized by strict discipline and hard work
Shock incarceration is an alternative to what?
traditional incarceration
Boot Camp
Integrates uniforms, physical labor, as well as drug
and or educational programming
Specific deterrence
The sentence and punishment of the individual offender that prevents that individual from committing future crime
General deterrence
The recognition that criminal acts result in punishment and the effect of that recognition on society that prevents future crime
What is the exception for inmates with regards to the 1st amendment?
When there is a legitimate penological interest to limit rights
What is the exception for inmates with regards to the 4th amendment?
Inmates do NOT have an expectation to privacy while incarcerated
What is the rule for inmates and medical care?
Because inmates are reliant on correctional officials, such officials have a duty to provide medical care at the same level one would receive if he/she were not incarcerated
Can restriction of mail be used to limit legal correspondence for an inmate?
No
Can an inmate receive mail?
Inmates may receive mail that does not constitute a "clear and present danger"
Inmates have the right to...(4)
-be free of cruel AND unusual punishment
-adequate food, clothing, and housing
-religion
-due process
Plea Bargain
When offender agrees to plead guilty to a lesser charge
Presentence Investigation
A summary of a defendant's criminal and social history used by the court prior to sentencing to help determine the appropriate sanction
Release on Recognizance (ROR)
Release from jail based solely on the offender's promise to appear
Direct correctional supervision
Occurs when an officer spends his/her entire shift inside of a unit with the inmates
Indirect correctional supervision
characterized by a primary control center that oversees multiple modules within a housing unit and where unit officers conduct rounds within each module, but spend most of their shift outside of the modules themselves
Classification
-Help control inmate behavior and the allocation of assets and resources
-Helps to determine the appropriate security level
-Helps to determine which housing unit an inmate
should be placed
-Used as an incentive for good behavior
-Prior adjustment to confinement is taken into
consideration when determining where an inmate will be confined
Protective Custody
Special housing for inmates who would be in danger if placed in general population
Who usually uses protective custody?
Often used for sex offenders, former officers, or other inmates who, due to their charges, personal characteristics, or professions, would be considered "at-risk" in general population
What are the different offender types?
-Adult
-Juvenile
-Special Needs
-Violent
-Property
Who is the offender type with the highest recidivism rate is?
Property offenders
What percentage are female inmates in prison?
8%
Female inmates are also more likely, when compared to their male counterparts, to have...
-A higher rate of HIV infection
-A history of greater drug use
-Nearly three times the rate of diagnosed depression
Stigmatizing Shaming
The effect of punishment whereby the offender feels cast aside and abandoned by the community
Who is the focus on with stigmatized shaming?
The focus is on the individual, not the criminal act
Reintegrative Shaming
Punishes and stigmatizes the criminal act, while acknowledging the fundamental decency and goodness of the offender
Who is the focus on with reintegrative shaming?
The focus is on the criminal act, not the individual
Treatment
The creation of an environment and provision of rehabilitation programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community difficult
What % of inmates have received some
form of treatment for mental illness?
50%
Vocational Training
Specific training in a trade
Faith-based Programs
Utilizes religion as a social institution to correct criminal behavior
Parole
The conditional release of an inmate by a parole board prior to the expiration of his/her sentence
T/F Utah is a death penalty state
T
What demographics groups are not eligible for the death penalty?
Those who were juveniles at the time of the offence
The mentally ill
Who oversees federal corrections?
BOP (Bureau of Prisons)
The BOP has five security levels, what are they?
-Minimum
-Low
-Medium
-High
-Administrative
The BOP has one maximum security facility located where?
Florence, CO
Ex post facto laws
attempt to punish people retroactively. Laws can only punish people "from now on," never retroactively.
Ex post facto laws are disliked because....
they don't give fair notice and allow the government to target people it simply does not like.
Vague statues offend what amendment?
14th Amendment requirement of "due process" (fair procedures).
Is being addicted to drugs something that can be made illegal?
Being addicted to drugs is considered to be a type of illness or status. Therefore, laws attempting to make it a crime to merely be addicted to illegal drugs would violate the constitution as cruel and unusual punishment
The general "Right to Privacy" is not actually found explicitly anywhere in the Constitution. It is "implied. However, Mini rights to privacy that are clearly in the Constitution are thought to "add up" to reveal this previously hidden "general right to privacy. Where are these "mini-rights"?
3rd Amendment (freedom from having to quarter soldiers in our homes), 4th Amendment (no unreasonable searches) and 5th Amendment (privilege against self-incrimination).
This general right to privacy has been ruled to cover what?
Abortions and gay sex.
Mens rea
Mental element of a crime
T/F Mens Rea by itself is not enough to have a crime. Actus reus by itself is not enough to have a crime.
T
What are the different types of mens rea?
-Intentional
- Recklessness
- Negligence
What does it mean to act recklessly?
Acting recklessly means that you were fully aware of the risk of harm but took that risk anyway.
What does it mean to act negligently?
Acting negligently means you were not aware of the risk you were taking but should have been aware of it
Actus reus
physical element of a crime
Omission
failing to act (non-actions)
An omission to act constitutes an actus reus when?
only if someone has a legal duty to act (not just a moral duty to act).
What are some legal duties to act?
teachers and clergy must report child abuse they come to know about and a lifeguard cannot just let someone drown
Strict Liability
Only have to prove actus reas . Not mens rea
Strict liability is meant for what?
strict liability offenses exist to protect public safety and are not seen as too unfair since the need is great and the penalties are small.
Vicarious Liability
Mens rea still must be proven but it can belong to someone else.
Examples of vicarious liability?
making the owner of a car pay for a parking ticket (no matter who used the car) is a form of vicarious liability. Making a parent pay a fine for his teenage son's smashing of windows also would constitute vicarious liability.
Inchoate
not fully completed. The idea here is that some actions will be made crimes even though "no harm" was actually done.
What are the 3 inchoate crimes?
Attempt, Conspiracy and Solicitation
Why are inchoate crimes punished?
Inchoate crimes are punished because the perpetrator thought and acted badly and is still probably dangerous.
Conspiracy
occurs whenever two or more people AGREE to commit a crime. The agreed to crime never has to actually occur. The agreement itself is the crime.
Solicitation
occurs whenever someone REQUESTS another person to do a crime. No agreement is necessary.
What are the two type of defenses to crimes?
Justifications and excuses
Why might a person be excused for a crime?
A person is "Excused" when a jury decides that even though he did NOT do the right thing in breaking the law, he should be forgiven because something is wrong with him.
T/F People asserting a justification defense do not seek forgiveness. They claim they did the right thing so there is nothing to forgive
T
T/F People asserting an excuse admit they messed up, but ask for forgiveness due to their problem.
T
Justifications include what?
self-defense, defense of others, defense of property, and choosing the "lesser of two evils."
Excuses include what? (5)
-Insanity Youthful age, involuntary intoxication, entrapment and duress.
McNaughton Rule
Insanity= mentally ill+inability to know right vs wrong.
Entrapment
when the police tempt someone who is not already PREDISPOSED to commit a crime. If the person is predisposed and the police merely afford a crook his opportunity, then this is not entrapment.
Criminal homicides can either constitute what? (3)
murder, manslaughter or negligent homicide.
Involuntary manslaughter requires one to merely have killed ________?
Recklessly
Which is less severe, negligence or recklessness?
Negligence is less severe than recklessness.
Courtroom Workgroup
is composed of three principle players: the prosecutor, the defense attorney, and the judge
What percent of criminal cases are plea bargained in the U.S?
Over 90 percent of criminal cases are plea bargained in the U.S
Depending on the state, how do judges get their jobs?
judges get their jobs either by being elected, appointed for political reasons, or appointed due to merit
How are judges appointed in Utah?
In Utah, judges are appointed due to merit. A committee of prominent citizens reviews resumes and tells the governor who the few "finalists" are that he/she can choose from
Can a defense lawyer try to get a client acquitted even if the lawyer knows for a fact that the client is guilty.
Yes
What are other names for a prosecutor?
District Attorney or County Attorney
Voir Dire
this involves lawyers' quizzing potential jurors before the judge in order to expose potential biases.
What are the 3 methods of policing?
Kin policing
Frankpledge system
Parish constable system
kin police
people were responsible for their kin and
they enforced local norms and customs
frankpledge system
unpaid volunteers divided into tythings (10 men who lived in the area), hundreds (10 tythings, overseen by a constable), and shires (10 hundreds, overseen by a shire reeve)
parish constable system
gave more power to constables. Constables rotated between men in the parish.
Who created the first uniformed organized police force?
Robert Peel in 1829
What was the first uniformed organized police force?
Metropolitan Police Act
What three cities claim to have the first police departments in the United States?
Boston, Philly, New York
Who created a a municipal government department in Boston
Mayor Josiah Quincy
Who left money in his estate for Philadelphia to develop a police department with a unified force patrolling day and night.
Stephen Girard
Who implemented a military model for policing that emphasized discipline and included uniforms and badges?
Roosevelt
What was the policing style for the political era?
Watchmen style
What was the policing style for the reform era?
Legalistic style
What was the policing style for the community era?
Service Style
What was the police function for the political era?
Crime control, order maintenance, social services
What was the police function for the reform era?
Crime control
What was the police function for the community era?
Crime prevention, problem solving, crime control
What was the goal of the political era?
Satisfy politicians (keep citizens happy to keep politicians happy)
What was the goal of the reform era?
Crime control (measured by arrest and crime rates)
What was the goal of the community era?
Better quality of life, citizen satisfaction
A police department is organized by a hierarchy of authority that has what three characteristics?
Unity of command
Chain of command
Span of control
Unity of command
every individual reports to one immediate superior.
Chain of command
identifies the line of authority, who reports to whom.
Span of control
ratio of supervisors to subordinates.
Reactive policing
policing strategies are those that respond to crime that has already occurred.
Proactive policing
policing strategies are those initiated by officers or departments to try to solve problems before they occur.
Who created the broken windows theory and when?
1982, Wilson and Kelling
What are the 4 elements of community policing?
-A philosophy that policing should occur with and for communities
-Promotes organizational transformation to achieve the goal of working with and for communities
-Supports the systematic use of partnerships with communities to solve local problems
-Encourages proactive policing strategies
What are factors that Affect Police Decision-Making?
Organizational
Situational
Individual
Organizational
characteristics of the police department
Situational
characteristics of the encounter between an officer and a citizen.
Individual
characteristics of the individual officer
What are the exceptions to search and seizure laws?
-The police do not need a warrant to temporarily detain a person (e.g., in a traffic stop) or if a person
consents to a search.
When might evidence from an illegal search and seizure be admissible? (4)
good-faith and plain-view doctrines, exigent circumstances, police received an anticipatory warrant.
Probable cause
facts or hard evidence that would lead a reasonable person to believe that a specific person has committed, is committing, or is about to commit a specific crime.
What is needed to obtain a warrant?
Probable cause
Reasonable suspicion
facts or circumstances that would lead a reasonable person to believe that a person has committed, is committing, or is about to commit a crime.
In some circumstances, what might be enough for a warrant less search?
Reasonable suspicion
Undercover operations are particularly vulnerable to claims of what?
Entrapment
What is force?
the effort required to gain compliance from unwilling suspect
According to most reports only about ___-____% of police-citizen encounters involve the use or threatened use of force
1-2%
About ___% of use of force incidents occur when officers are trying to arrest a suspect.
40%
What are the different types of use of force continuums?
hierarchies, wheels, and matrices.
Traditionally, use of force continuums include what?
presence, verbal commands, compliance techniques, less lethal weapons, and deadly force
Use of excessive force
when an officer uses more force than is justified for a legitimate police function
Excessive use of force
when an officer uses force too often in encounters with citizens
Noble-cause corruption
when officers engage in corrupt activities in order to achieve a noble goal
What is an example if Noble cause corruption?
planting drugs on a high-level drug dealer in order to arrest that drug dealer. Arresting drug dealers is a noble cause, but planting drugs is a corrupt
activity.
Grass-eaters
officers who engage in corruption only occasionally and/or when the opportunity presents itself; don't actively pursue corruption
Meat-eaters
officers who aggressively pursue corrupt activities (e.g., solicit bribes, participate in gang activity, etc).
Police misconduct often comes to the attention of the department through ________ ________
citizen complaints
Who created the classical school?
Cesare Beccaria
What did Cesare Beccaria argue for?
Argued for just and humane punishments
According to Cesare Beccaria, in order to deter, punishments should outweigh benefits and be what?
-Swift
-Certain
-Severe
Classical School
Emphasizes human rationality and free will when explaining crime
Positivism
Emphasizes unique biological, psychological, or social factors of people when explaining crime
Rational choice theory focuses on what?
-Assumes humans are rational actors
-Assumes crime is beneficial to offender
-Rationality is often limited
What does the rational choice theory acknowledge?
Acknowledges human agency
According to RAT, crime is result of what 3 things converging in time and space?
-Motivated offender
-Suitable targets
-Absence of capable guardians
Differential Association Theory
Crime is learned through intimate social group
Self-Control Theory is said to be learned through what?
proper parenting techniques
When should self control be learned?
within the first decade of life
Social Bond Theory
Key concept is social bond (i.e. overall level of "connectedness" to society)
What does Merton's Anomie Theory say that we all aspire for?
We all aspire for the "American Dream"
What is anomie?
lack of fit between cultural goals (things that we want) and institutionalized means (ways that we get those things)
What are characteristics of Merton's theory?
-Conformity
-Innovation
-Ritualism
-Retreatism
-Rebellion
Neutralization Theory
Offenders neutralize or excuse their sense of shame or guilt through psychological strategies
According to the Neutralization Theory offenders use what to justify their behavior?
•Denial of responsibility
•Denial of injury
•Denial of victim
•Condemnation of condemners
•Appeal to higher loyalties
Social Disorganization Theory
Argues that crime is shaped by attributes of the community
Collective efficacy
breakdown of informal social controls
Labeling Theory
Labels impact how we view ourselves and how others view us
What does the labeling theory shift our focus to?
Shifts the focus from the actor (i.e., the criminal) to the reactor (i.e., the CJ system)
What might labels lead to?
Labels can lead to a self-fulfilling prophecy
What are the two concepts associated with the labeling theory?
-Primary deviance
-Secondary deviance
General Strain Theory was created by who?
Agnew
What does the General Strain Theory do?
-Removal of positive stimuli
-Introduction of negative stimuli
What is the main question of the General Strain Theory?
How do people respond to strain (i.e. prosocial or antisocial response)?
Who said that class struggle is inherent to capitalism?
Marx
What are the three classes according to Marx Communism?
-Bourgeoisie, Proletariat, Lumpenproletariat
According to Marx, crime is a product of what?
alienation
What is the solution according to Marx?
Overthrow capitalism
According to the Anomie theory, what is the solution?
increase the opportunity structure so that there is a more even playing field for all (e.g., education)
Lifestyle Theory
Criminal behavior is part of a general pattern of life
What are the key concepts of the lifestyle theory?
Condition, choice, and cognition
What is the main issue when speaking of the lifestyle theory?
Main problem is people develop "thinking errors" (i.e. ways to legitimize their criminal behavior)
Temperament
individual characteristics that shape emotional responses of others
Personality
psychological characteristics that result from our temperament interacting with developmental experiences
Are developmental theories dynamic?
Yes
Moffitt argued that we can classify offenders into what 1 of 2 group?
-Adolescent-limited
-Life-course persistent offenders
According to Moffitt, what group does the majority fall in to?
Majority fall into the adolescent-limited category because their offending is temporary and viewed as a "phase" that they eventually outgrow
What theory is said to apply only to violent victimization
Victim Precipitation Theory
Victim Precipitation Theory
Victim provocation can ignite a chain of events that ultimately leads to their victimization
What does the victim precipitation theory resemble
Victim blaming
Conflict Criminology
Views "conflict" as originating from multiple sources within society, not just capitalism (as Marx argued)
What are the key concepts of conflict criminology?
conflicts of interest: People struggle to maintain or improve their own group's interests
Subculture Theory
Subcultures said to form in response to their inability to reach middle-class goals of success
Protective factors
something that is said to decrease the probability of someone's offending
Risk factors
something that is said to increase the probability of someone's offending
Who was the first to collect and analyze physical measures (i.e. facial features, structure of the skull, etc.)
Cesare Lombroso
What argued that criminals resembled prehistoric/ape-likebeings and that they were evolutionary "throwbacks"
Positivism
What was the first theory of victimization?
victim precipitation = victim's role in criminal event
How do victims contribute to the crime event?
Victim facilitation
Victim provocation
What social forces drove development of the field of victimology?
-Civil Rights Movement
-Feminist Movement
-Children's Movement
UCR
Police-based crime measure—reported crimes; produces crime rates
NCVS (National Crime Victimization Survey), CSEW (Crime Survey for England and Wales)
Collects information directly from random national sample of victims - regardless of whether incident reported to police
What is the Primary source of victimization data in the United States?
NCVS
NVAWS (National Violence Against Women Survey) , NISVS (National Intimate Partner and Sexual Violence Survey)
Focus on special types of victimization and populations of victims
What does the NCVS exclude?
-Those under 12 years old
-The homeless
-The institutionalized
How do you calculate the victimization rate?
N/population* the standard unit.
What is the most common type of victimization?
Property Crime
Who is more likely to be a victim of violence?
Males,
individuals of two or more races
individuals ages 12-17
Recurring Victimization
When the same individual or their property is victimized two or more times
T/F Recurring victims represent a small portion of victimized individuals BUT a large proportion of all victimizations
T
Repeat victimization
The same type of victimization two or more times
Re-victimization
Initial victimization and subsequent victimization happen across periods of time (developmental stages)
Multiple victimization
2 + DIFFERENT Crimes in a period
Polyvictimization
A child that experiences a number of different types of victimization
Second generation victimologists did what?
Transitioned victimology away from typologies, victim
precipitation, and victim blaming and focused on explaining how various opportunities are related to victimization
Third generation victimologists did what?
Developed and refined lifestyle-routine activities theory (L-RAT) by identifying specific behaviors related to victimization and through innovative theoretical tests and focused on how opportunities change according to place
Opportunity Perspective did what?
Identified the circumstances that increased the risk for a victimization to occur
Principle of homogamy
Personal relationships due to similar lifestyles and
interests
What does the crime triangle consist of for RAT?
Motivated offender
Lack of guardianship
Suitable target
Men have higher/lower rates of personal victimization than women for most crimes
Higher
Women have higher rates of personal victimization than men for some crimes, such as what?
1. IPV
2. Sexual victimization
What are the Stereotypical perceptions of "real rape"?
-Female as victim
-Stranger as offender
-Severe injuries suffered by victim (beyond
penetration)
-In public place(s)
-At night
CDC
"any act or series of acts of commission or omission by a parent or other caregiver resulting in harm, potential harm, or threat of harm to a child"
Caregiver
person who have custody and entrusted with care and control on a temporary or permanent basis
What age is considered a child?
age 17 or under
Neglect
Do not meet the child's basic needs
Elder abuse consists of those individuals over what age?
65
Fear
A primal emotion, characterized by a feeling of dread and an anticipation of danger in the immediate environment
Perceived risk
People's perceptions about the chances of them experiencing a victimization
Actual risk
One's objective likelihood of becoming a victim
Civil procedures
hold offending parties responsible for the harm that is caused as a result of criminal behavior
Restitution
Money paid by the offender as part of his or her court-ordered sentence
Victim compensation programs
Government administered programs at the federal, state, and local levels, designed to provide financial assistance to victims of crime
What are the 3 measures of central tendency?
Mean
Median
Mode
When do you use the mode?
When data is categorical
When do you use the median?
Use the median when you have numerical data with outliers (i.e., extreme scores
When do you use the mean?
Use the mean when you have numerical data without outliers (i.e., extreme scores) or a lot of variation.
What are the two main types of samples?
Probability and non-probability
What type of sample is best suited for making inferences about a population?
Probability (random) sampling
What type of sample is best suited for exploratory studies or those that are interested in theory building?
Non-probability (non-random)
What are the two types of two-sample t-tests?
Independent and dependent samples
Independent samples
samples that are not matched or repeatedly tested over time. The choice of who's in one sample doesn't affect who's in the other sample.
Dependent samples
samples that are matched (e.g., parents and their children) or are repeatedly tested over time (e.g., criminal behavior before and after an intervention). The choice of who's in one sample
affects who's in the other sample.
Descriptive statistics
describe characteristics of the population or a sample
What are some examples of descriptive statistics?
Mean, median and mode
Inferential statistics
helps draw conclusions about a population from a sample
What are examples of inferential stats?
hypothesis tests
Omitted variable bias
two variables may be correlated because a third variable has been left out of the analysis.
What is an example of an omitted variable bias?
ice cream sales are correlated with crime because both increase in the summer months. Temperature is the omitted variable.
Ecological fallacy
applying the results of statistical analyses to every individual in a particular group
What is an example of an Ecological fallacy?
on average, men are more likely to be arrested than women. That doesn't mean that every man is more
likely to be arrested than every woman.
Reliability
The ability of a measure or test to get the same or similar results under similar circumstances.
Validity
The ability of a measure to accurately measure the true, real-world score.
What is an example demonstrating both reliability and validity?
A broken clock is reliable because it always shows the same time, but it has low validity because it only shows the correct time once every day.
What are two types of sampling error?
Non-random error
Random error
What is Non-random error?
flaws in the sampling process produce flawed estimates.
What is random error?
any sample is one of an infinity number of samples that could have been drawn, so population estimates from samples aren't likely to be completely accurate.
DV
A variable that is affected or caused by an independent variable, e.g., poverty affects the dependent variable crime.
What is the main focus of a study?
DV
Central Limit Theorem
The distribution of sample statistics from an infinite number of samples of the same size will be approximately normal.
Positive Correlation
The two variables increase or decrease
together, e.g., annual income and tax burde
Null Hypothesis
A statement that the variables are unrelated
to each other.
Continuous Data
Survey answer choices that are measured in
numbers rather than categories.
What are two types of continuous data?
Interval and ratio
What are examples of continuous data?
age, income, education.
What are the four levels of variable measurement from least to most precise?
-Nominal (least)
-Ordinal
-Interval
-Ratio (most)
What type of variable is categorical and cannot be measured in numbers?
Nominal
What is an example of a nominal variable?
Gender
What are examples of probability distribution?
Chi Square, t-test, Z, ANOVA.
Probability Distribution
Theoretical distributions of data which explain probabilities.
These distributions indicate whether a sample statistic has a low or high chance of occurring. Whats the term?
Probability Distribution
With regards to selective incorporation into the BOR, which amendments are being incorporated?
4
5
6
8
Selective Incorporation
It is selective, meaning not all the rights from the Bill of Rights, only fundamental rights, are incorporated
When were some of the BOR incorporated into the 14th amendment?
20th century around 1960's
What rights are still not incorporated into the 14th amendment? (3)
-3rd Amendment right against quartering soldiers
-5th Amendment right to grand jury for indictments
-7th Amendment right to civil jury trials in disputes over
$20
What did Marbury v. Madison give us?
The power of judicial review
Mapp v Ohio
4th Amendment exclusionary rule incorporated into 14th Amendment, thus applying to states
What case extended Weeks case to states?
Mapp
Gideon v Wainwright
government must provide indigent felony defendants an attorney at govt. expense, later extended to all defendants facing jail or prison time
Before an observation/investigation is considered a search there must be a what?
reasonable expectation of privacy
Who does the burden lie with to prove that the person consented to a search?
The state
Does there have to be any sort of suspicion to walk up to someone and ask them to consent to a search?
No
T/F Consent is required for information/details observed in plain view or overheard when an officer is otherwise authorized to be in a private location or when officer is making observations in/from a public place
F: No consent
What are the two main theories for nonconsensual, warrantless automobile searches at scene of stop?
Probable cause
Search incident to arrest
Probable cause
(because of inherent exigency due to mobility of cars): a warrantless search of entire vehicle (i.e. trunk) and all containers, even passengers' containers
Search incident to arrest
a warrantless search of only passenger compartment if occupant arrested and still able to access vehicle at time of search OR more limited search of only passenger compartment and only for evidence associated with reason for arrest (under reasonable suspicion standard) if suspect is secured (i.e. in squad car) prior to conducting search (See Arizona v Gant (2009))
When Does a Seizure Begin?
whether a hypothetical reasonable person would feel free to leave under the totality of the circumstances
Is a simple command to stop a seizure?
No
If a person submits to a command to stop is that a seizure?
Yes
Is anything discarded by suspect during flight prior to seizure admissible in court, even if the seizure
(when it occurs) is illegal?
Yes
What is the main exception to the 4th amendment ER?
Good faith exception
What is the 4th Amendment Exclusionary Rule designed for?
Designed to deter police misconduct (thus mistakes by judges and legislators not subject to exclusionary rule
Good Faith Exception would more accurately be called what?
"objective good faith reliance rule"
Objective
The officers activity
Good faith reliance
the officer must rely upon the authority of another government actor (i.e. a judge or state legislature)—it must be this other actor's error for evidence to be admissible
What type of suspicion are Terry Stops based on?
Reasonable suspicion
What can an officer do during a terry stop?
-Officers may then briefly detain (seize) a suspect
-ask the suspect questions
-"pat down" of suspect's outer clothing for weapons if concern the suspect has a weapon
What can't an officer do on a Terry Stop?
not reach into or demand a suspect turn out pockets, not require breath test
for a Terry stop, if state statute requires it, a suspect may be required to identify themselves by name, but they do not need to.....
need not answer other questions, or provide photo ID or documents
Do Terry stops require Miranda warnings?
No
When do Miranda warnings need to be given?
When there is...
-Custody
-Interrogation
What is the purpose of Miranda?
protect 5th Amendment rights against self incrimination by preventing psychological coercion
Miranda does not apply to what?
Miranda does not apply to physical attributes of the suspect, such as providing fingerprints, blood samples, hair samples, DNA swabs, etc.
Un-warned statements cannot be used in court due to the fact that there was no Miranda, however what can be used?
derived evidence resulting from statements generally not excluded
Even statements obtained without Miranda warnings may be admitted in court for some purposes, what are they?
-impeaching the credibility
6th amendment
Right to counsel
Right to counsel is limited to what kinds of cases?
Criminal cases
When does the right to counsel apply?
after the first criminal appeal and does not extend to later appeals before state supreme court or post conviction relief proceedings
What are the two major prongs to ineffective assistance of counsel claims?
-Deficient performance
-Prejudice (would have changed the outcome)
T/F While the 6th Amendment jury trial right has been incorporated against the states, it does require states to provide 12 member jury trials in all criminal cases (as is required at federal level)
F: It does NOT require that
Right to jury trial does not apply to what?
state petty crimes with less than 6 months in prison
Criminal juries at state level may consist of less than __ jurors, but at least __ jurors are required
12:6
Criminal juries at state level need not be unanimous in their verdicts, what verdicts have been approved as constitutional?
11-1, 10-2 and 9-3
Peremptory strike
strike of a potential juror without explanation
What case slightly modifies peremptory strikes?
Batson
T/F Strikes based upon employment or socio-economic status, attire, hair style, etc. still allowed
T
What is the new process of peremptory strikes?
Objecting party (defendant or state) shows prima facie case of discrimination
then burden shifts to striking party to convince court of neutral reason
8th amendment
-Right Against Cruel and Unusual Punishment
-Right Against Excessive Fines
-Right Against Excessive Bail
What incorporated the right Against Cruel and Unusual Punishment?
Robinson v CA
What incorporated right Against Excessive Bail?
Schilb v. Kuebel
Which 8th amendment right is not yet incorporated?
Right Against Excessive Fines
Ethics
The study and analysis of what constitutes good/bad or right/wrong behavior
Morality
The judgment of constitutes good/bad or right/wrong behavior
Duties
Responsibilities that are attached to a specific role
Values
Judgments of desirability, worth, or
importance
Supererogatories
Actions that are commendable, but not required
A lie
Giving false or incomplete information with the intent to deceive
An untruth
When a person tells another something he/she believes to be true, but is later found to be false
Deontological
An ethical system that judges one's actions as more important than the results they produce
Teleological
Focuses on the results of the actions
Ethics of Care
Being good is defined as meeting the needs of others
Ethics of Virtue
Believes ethics is largely based upon character and the possessions of virtues
Golden Mean
a balance of being both good and bad
Ethical Formalism
Focuses on duty and holds that the only thing truly good is "good will"
Altruism
The principle or practice of unselfish concern for or devotion to the welfare of others
Narcissism
A fascination with oneself
Categorical Imperatives
something the commands action that is necessary without any reference to intended purposes or consequence
What are the characteristics of Categorical Imperatives?
! universal in nature
! absolute
! based upon good will
! used to determine morality
The Principle of Forfeiture
The idea that one gives up one's right to be treated under the principles of respect for persons to the extent that one has abrogated someone else's right
What is an example of The Principle of Forfeiture?
self-defense is acceptable under the Principle of
Forfeiture
Egoism
Postulates that what is good for one's survival and personal happiness is moral
The Consensus Paradigm
The idea that most people have similar
beliefs, values, and goals, and that societal laws reflect the majority view
Statistically, men are more/less likely to be
antisocial, to have serious childhood conduct disorders, and to commit serious offenses
More
The Blue Curtain of Secrecy
Another name for the Code of Silence
Is the third degree an acceptable interrogation tactic?
No
What does the third degree imply?
Excessive force is being used
retribution punishment rationale
The idea that an offender must suffer in order to achieve salvation
Natural Law
The idea that principles and rights are inherent in nature
Belief Perseverance
Believing one's original theory of the case despite evidence to the contrary
The vast majority of cases in the
criminal justice system are settled by...
Plea bargain
Utilitarian justice
The component of justice that looks for the greatest good for all
Retributive justice
The component of justice that concerns punishment
Procedural justice
Steps taken to reach a determination of guilt, punishment, or other conclusions of law
Systemic or budgetary abuse
System-wide abuse that refers to policies,
including overcrowding, inadequate
medical, and the use of isolation cells
Wholesight
An element of Peacemaking Corrections that involves looking at what needs to be done with both the heart and head
Reciprocity
Interdependence that may develop between correctional officers and inmates: favoritism
Specific Deterrence
A form of punishment or prevention designed to keep a
specific offender from committing future crime
General Deterrence
A form of punishment or prevention
designed to keep the general public
from committing future crime
Ethical Leadership
The primary element that must be in place for an agency to act ethically
Epistemology
The science of knowing
Methodology
The science of finding out
There are four main purposes or reasons that we do social science research, what are they?
1. Exploration
2. Description
3. Explanation
4. Application
Informed consent
Addresses issues of voluntary participation and no harm to participants
What does informed consent require participants to have?
1. the capacity to understand and
2. do understand the research, risks, side effects, benefits to subjects, and procedures used
Debriefing
Interviewing subjects to learn about their experience and participation in the research
Anonymity
When researcher cannot identify a given piece of information with a given person
Confidentiality
A researcher can link information with a subject, but promises not to do so publicly
What are techniques to maintain anonymity and confidentiality?
-Replace names/addresses with IDs
-Specify when survey is confidential rather than anonymous
-Specify that info will not be disclosed to 3rd parties
Variable
Counterparts of concepts
Hypothesis
A tentative statement about empirical reality, involving a relationship between two or more variables
Theory
A systematic explanation for observations as they relate to a particular aspect of life
Independent variable
Presumed to cause or determine the dependent variable
Dependent variable
Assumed to depend on or be caused by another variable (the independent variable)
What are the three main criteria for causal relationships?
1. Correlation
2. Time order
3. Nonspuriousness
cross sectional
At one point in time
longitudinal
Over a longer period of time
Ordinal
Attributes can be logically rank-ordered
Examples of ordinal?
education, opinions, occupational status
Interval
Can be ranked. Meaningful (and equal) distance between attributes
Examples of interval level?
temperature, IQ
Ratio
Has a true zero point
Examples of ratio level?
age, # of priors, sentence length, income
Reliability
Whether a particular measurement technique, repeatedly applied to the same object, would yield the same result each time
Validity
Reflects the meaning of the concept under consideration
Sampling error
The difference between the characteristics of a sample and the characteristics of the population
The larger the sampling error, the _____ representative the sample—and thus the ____ generalizable the findings
Less, Less
Nonprobability sampling methods include what?
- Convenience sampling
-Purposive sampling
-Snowball sampling
-Quota sampling
Convenience sampling
Rely on available subjects
Purposive sampling
Selecting the sample for the purpose of the study
Snowball sampling
Involves asking current participants to refer or suggest additional people to participate in the
study
Quota sampling
Select units into the sample on the basis of their characteristics in the population
What are the types of probability sampling? (4)
Simple random sampling
Systematic sampling
Stratified sampling
Multistage cluster sampling
Systematic sampling
A type of probability sampling. Every kth unit is selected
Stratified sampling
Grouping of the units composing a population into homogenous groups (strata) before sampling
Multistage cluster sampling
natural groups are first selected then, members of each selected group are sub-sampled afterward
Experimental group
A group of subjects to whom an experimental stimulus is administered
Control group
A group of subjects to whom no experimental stimulus is administered and who should resemble the experimental group in all other respects
post-test
That is, measurement of the outcome in both groups after the experimental group has received the treatment
T/F All true experiments have a post-test
T
pretests
A pretest is exactly the same as a posttest, just administered at a different time
Participant Observation
Develop sustained relationship with people while they go about their normal activities
Intensive Interviewing
Interviewer seeks in-depth information on the interviewee's feelings, experiences, and perceptions
Focus Groups
Unstructured group interviews usually centered around specific topic of interest to the study
Complete participant
Participates fully and true identity and purpose are not known to subjects
Complete observer
Observes without becoming a participant in any way
In coding latent/manifest content, we focus on the underlying meaning
latent
In coding the latent/manifest content, we focus on visible surface conten
Manifest
YOU MIGHT ALSO LIKE...