201 terms

CJ Final

in a civil case, the injured party is called the
an act that violates criminal law and is punishable by criminal statutes
private security officers are intended to
deter crime with their presence
municipal police agencies
have the broadest authority to apprehend criminal suspects, maintain order and provide services to the community
beyond a reasonable doubt
in a criminal case, the burden of proof is
mala prohibita
a "human-made" law
convicted of minor crimes with relatively short sentences, as well as those awaiting trial or transfer, are held in
conflict model
different segments of society separated by social class, income, age and race that are engaged in a constant struggle with each other for control of society
strict liability
crime in which the defendant is guilty regardless of his/her state of mind at the time of the act
is behavior that is considered to go against the norms established by society
property crime
most common form of criminal activity
"judge-made" law
case law
victimless crimes
public order crimes are often referred to as
violent crime
consensus model
majority of citizens in society agree on what activities should be outlawed and puished as crimes
white-collar crime
high-tech crime
new typology of crime that is directly related to the increased use of computers in everyday life
local law enforcement
divides duties between counties and municpalities
state level
wildlife wardens, alcohol and beverage control agents and fire marshals
attempts to measure the overall rate of crime in the US by organizing "crimes known to the police"
local police
investigate most crimes and attempt to deter crime through patrol activities
federal law enforcement
Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA, U.S. Secret Service
corrections system
once the court system convicts and sentences an offender, he/she is delegated to the
most common correctional treatment
assembly line
Herbert Packer likened the idealized criminal justice system to an
Third layer
"ordinary" felonies are found on which layer of the "Wedding Cake Model"
crime control model
can be represented as an assembly line, ensuring a quick and rapid conclusion of the process
due process model
can be represented as an obstacle course
downfall of the Uniform Crime Report
only captures crime reported to the police
organized crime
illegal acts by illegal organizations
third degree felony in Texas
punishable by 2-10 years in the penitentiary
classical theory (choice theory)
people choose to commit crime after weighing the possible benefits of criminal activity against the costs of being apprehended and the punishment should fit the crime
court decisions that provide guidance in interpreting the law
study of crime
U.S. Constitution
supreme law of the land, and as such is the basis of all law in the US
Statutory Law
statutes enacted by legislative bodies at any level of government make up a source of law
administrative law
rules, orders and decisions of regulatory agencies
primary legal function of law
maintain social order by protecting citizens from criminal harm
top level
layer of the "wedding cake model" that comes closest to meeting our standards of "ideal justice"
white-collar crime
illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage
crimes punishable by death or imprisonment in a federal or state penitentiary for 1 year of longer
sharing of government powers by federal and state authorities
U.S. marshals
oldest federal law enforcement agency
capital offense
degree of felony that carries the maximum penalty of death
involuntary manslaughter
homicide that results from the offender's carelessness, but occurs whent he offender lacks intent
is not a violent crime
mala in se
rape, murder and theft
part I offenses
crimes that are recorded by the FBI to give the general idea of the "crime picture" in the US each year
first organized police department
corpus delecti
body of circumstances that must exist for a criminal act to occur; actus reus and mens rea
political era
corruption was rampact
civil trial
preponderance of evidence
actus reus
guilty act in a criminal offense
corpus delicti
basic elements of a crime
the guilty act and the guilty intent occur together
professional model
style of policing that emphasizes centralized police organizations, increased use of technologyy and a limitation of police discretion through regulations
defense for criminal liablity that is used to assert a lack of criminal responsiblity because according to law, a person cannot have the requisite state of mind to commit a crime
M'Naughten rule
common law test of criminal responsibility that relies on the defendant's inability to distinguish right from wrong
agency is charged with investigating over 200 federal crimes, including kidnapping, bank robbery and gambling
wrongful threat of one person induces another person to perform an act that he or she would otherwise not perform
mens rea
wrongful mental state, or intent
person who used force in order to protect himself from harm
14th amendment
protects against unreasonable searches
procedural due process
form of due process requires laws to be carried out in a fair and orderly manner
substantive due process
constitutional requirement that laws used in accusing and convicting persons of crimes must be fair
early policing efforts
defense used when the wrongdoing of the accused is excused because he/she is too young to fully understand the consequences of the actions
policing efforts in the first American cities were directed at
controlling certain groups of people (mostly slaves and Native Americans)
procedural criminal law
law that defines the manner in which the rights and duties of individuals may be enforced
political era
patronage system
mala in se
criminal act that is considered wrong even if there is no law prohibiting it
August Vollmer
father of modern police administration
fourth layer of wedding cake model
Texas Rangers
first statewide police organization
social function of the law includes the concepts of
expressing public morality and teaching societal boundaires
180 days in jail, $2,000 fine
class B misdemeanor
all citizens should be treated equally under the law
best way to deter crime
increase the severity of the punishment for offending
outlines the processes by which the criminal law is carried out
voluntary manslaughter
intent to kill was present (no premeditation), but malice was lacking
inchoate offenses
conduct deemed criminal without actual harm being done
irresistable-impulse test
excuse defense states that a person is insane if by some overwhelming impulse resulting from a mental deficiency drove him/her to commit the crime
not a justification defense
Bill of Rights
first ten amendments of the Constitution
4th amendment
protection against unreasonable searches and seizures
major collection of data about crime is conducted by the U.S. Census Bureau and covers about 50,000 households int he U.S.
5th amendment
no one can be deprived of life, liberty or property without "due process of law" (double jeaopardy, not required to be a witness against yourself)
6th amendment
speedy trial, trial by jury, public trial, right to a lawyer
8th amendment
prohibits excessive bail, fines, punishment; cruel and unusual punishment
14th amendment
due process, equal protection under the law
not strong enough to stand alone as one of the 4 sources of probable cause
after the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury
if the jury finds that probable cause exists
specialty courts
drug courts, juvenile courts, domestic courts, elder courts
preventive patrol
maintaining a presence in the community, either in a car or on foot, which allows attempts at preventing crime from occurring
consent search
takes place when an individual gives law enforcement permission to search their persons, homes or belongings
most common way to become a detective
be promoted from patrol officer
confidential informant
person who is involved in criminal activity and provides information about that activity and those who engage in it to police
human fingerprint
most important piece of trace evidence
defendant is informed of the charges and must respond by pleading guilty or not guilty
quality-of-life crimes
by cracking down on ______, police can significantly reduce all crime in an area
concurring opinion
separate opinion prepared by judges who supported the decision of the majority of the court but who want to express their own particular reasoning
police subculture
broad term used to describe the basic assumptions and values that permeate law enforcement agencies and are taught to new members of a law enforcement agency as the proper way to think, perceive and act
when police officers accept free gifts from citizens
4th amendment
requirement of probable cause to make an arrest
Writ of certiorari
U.S. Supreme Court orders a lower court to send it the record of a case for review
inevitable discovery exception
legal principle that illegally obtained evidence can be admitted in court if police using lawful means would have "inevitably" discovered it
brief detention of a person by law enforcement agents for questioning
response time
time elapsed between the instant a call for service is received and the instant a police officer arrives on the scene
totality of the circumstances
to determine whether a stop is based on reasonable suspicion, the court uses a ______ test
court reporter
responsible for recording every word that is said during the course of trial
proactive arrests
directed patrol of hotspots is associated with
NOT one of the possible affirmative defenses used in a defendan'ts case
exigent circumstance
situation that requires extralegal or exceptional actions by the police. In these circumstances, police officers are justified in not following procedural rules, such as those pertaining to search and arrest warrants
"clearance rate"
percentage of crimes that result in arrest and prosecution
incident-driven policing
reactive approach to policing that emphasizes a speedy response to calls for service
Katz v. United States
standard for a "reasonable expectation of privacy"
after a crime has been committed and the patrol officer has gathered preliminary information from a crime scense, the responsiblity of indentifying the offender is delegatd to the:
Chimel v. Califoria
Court ruled that police may search any area within the suspect's "immediate control" to confiscate any weapons or evidence that the suspect could destory
crime mapping
type of technology utilized by police departments to locate and identify hot spots
5th amendment
legal basis for the Miranda warning
taking into custody of a citizen for the purpose of detaining him/her on a criminal charge
United States v. Leon
"good faith" exception to the exclusionary rule was established by case law in:
probable cause
reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person
probable cause
justification required to make an arrest
search warrant
written order, based on probable cause and issues by a hudge or magistrate, commanding that police officers or criminal investigators search a specific person, place or property to obtain evidence
public prosecutor
holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged with a crime, the level of the charges to be brought against the suspect, and if and when to stop prosecution
decreasing preventive patrol
had little to not impact on crime (Kansas City Experiment)
concerned with speed and efficiency
bench trial
conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence
preliminary hearing
defendant appears before a judge or magistrate, who decides whether the evidence presented is sufficient for the case to proceed to trial
exclusionary rule
prohibits use of illegally seized evidence
trial courts
courts having original jurisdiction are courts of the first instance
probable cause
in order to obtain a search warrant, a police officer must generally provide specific information on the premises to be searched, the illegal activity taking place, the items to be seized and
appellate courts
primarily a "reviewer" of decisions
when an officer actively demands payment from an individual ora business in return of certain services
state supreme court
highest appellate court
US Supreme Court
decisions of the Circuit Courts of Appeal are final unless the matter is brought before the:
Tennessee v. Garner
U.S. Supreme Court set the limits for the use of deadly force by law enforcement officers
fruit of the poisoned tree
any physical or verbal evidence police are able to acquire by using illegally obtained evidence
6th amendment
right to cross-examine witness
9 justices
Supreme Court
due process function
protecting the rights of individual citizens against the power of the state
dissenting opinion
supreme court justice disagree with the court's conclusion
during pretrial, takes on the role of negotiator
judges are responsible for the day-to-day functioning of the court, they are acting as:
title of the list of cases entered on a court's calendar
responsible for maintaining security and order in the judges chambers and courtroom
peremptory challenge
used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney
ultimate goal of a bureaucratic organization, such as a police department
forcible taking of property in response to a violation of the law
clerk of the court
responsible for maintaining the large amount of paperwork generated during a trial, including transcripts, photographs, evidence and any other records
level of charge to be brought against a suspect is determined by the
database containing the DNA of more than 4.5 million people
problem-oriented policing
policing philosophy that moves beyond responding to incidents and attempts to solve the root causes of criminal behavior
Gideon v. Wainwright
Supreme Court unanimously held that "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him"
8th amendment
prohibits excessive bail
responsible for establishing probable cause in proving that a crime was committed and linking the defendant to that crime
Terry v. Ohio
stop and frisk
type of evidence that tends to prove to disprove a fact in question
Nolo contedere
latin for "I will not contest it" and is used as a criminal defendant's plea, in which he chooses not to contest the charges
pat-down or minimal search by police to discover weapons with the purpose of protecting the officer
statute of limitations
legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place
voir dire
preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or witness
hot spot
area that is concentrated with high criminal activity
challenge for cause
attorney states the reason why a prospective juror should not be included on the jury
oral or written statement made by an out-of-court declarant that is offered in court by a witness concerning a matter before the court
lay witness
one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge
blue curtain
metaphorical term used to refer to the value placed on secrecy and the general mistrust of the outside world shared by many police officers
direct evidence
evidence witnessed by the person giving the testimony
evidence that may be excluded because it would tend to distract the jury from the main issues of the case, mislead the jury, or cause the jurors to decide on the issue on an emotional basis
direct examination
examination of a witness by the attorney who calls the witness to the stand to testify
cross examination
questioning of an opposing witness during trial
merit selection
Missouri Plan is also known as:
U.S. District Court
lowest tier of the federal court system
exclusionary rule
prohibits the use of illegally seized evidence
U.S. Courts of Appeals
13 U.S. Courts of Appeals
nolle prosequi
unwilling to pursue
suspect is formally charged and defendant enters a plea to charges
County sheriffs
overwhelming number of jails is administered by
incentive to privatize
decrease cost of incarceration
13th amendment
inmates do not have the same guaranteed rights as other Americans
Wolff v. McDonnell
1974 case also signaled to civil rights lawyers that the court would no longer follow the "hands-off" doctrine
deferred abjudication
type of community supervision in which upon successful completion of the term, the offender will not have a "conviction" on his/her record
most common form of punishment in the US
cost of housing an inmate
$40-$65 a day
deliberate indifference
when inmates try to prove that their 8th amendment rights were violated by a correction facility, they must mee the standard of:
Minnesota v. Murphy
Supreme Court ruled that a meeting between a probation officer and client does not equal custody, and therefore, the 5th amendment protection against self-incrimination does not apply
inmate is trying to better himself; using programs in prison
status offender
juvenile who has been found to have committed behavior deemed unacceptable for persons under a certain age
behavior that's illegal under federal or state law and committed by someone who is classified as a minor
Kent v. United States
due process only if being transferred to adult court
In re Gault
all due process rights given; right to counsel; 5th amendment protection
In re Winship
moving burden of proof up to 50% for reasonable doubt
Mckeiver v. Pennsylvania
supreme court ruled juveniles do not have the right to a jury trial, only a judge
Breed v. Jones
5th amendment double jeopardy clause; prevents a juvenile from being tried in adult court if the same crime was let go of in juvenile court
juvenile crime rate
Roper v. Simmons
prevents the execution of offenders that are under the age of 18 when they committed their crime
loco parentis
police can act in the place of a parent
adjudication hearing
process by which the court determines whether there is sufficient evidence to support the petition
disposition hearing
hearing in which the appropriate sanctions for the delinquent or status offender is determined