93 terms

Criminal Justice Exam #2

Time-in-rank system
The promotion system in which a police officer can advance in rank only after spending a prescribed amount of time in the preceding rank.
Designated police patrol areas.
Order maintenance (peacekeeping)
Maintaining order and authority without the need for formal arrest ("handling the situation")- keeping things under control by means of threats, persuasion, and understanding.
Proactive policing
An aggressive law enforcement style in which patrol officers take the initiative against crime instead of waiting for criminal acts to occur. For example, they stop motor vehicles to issue citations and aggressively arrest and detain suspicious persons.
Broken windows model
The role of the police as maintainers of community order safety
Procedural justice
A concern with making decisions that are arrived at through procedures viewed as fair.
Vice squads
Police units assigned to enforce morality-based laws, such as those addressing prostitution, gambling, and pornography.
Sting operation
Organized groups of detectives who deceive criminals into openly committing illegal acts or conspiring to engage in criminal activity.
Community-oriented policing
Programs designed to bring police and public closer together and create a more cooperative environment between them.
foot patrol
Police patrol that takes officers out of cars and puts them on a walking beat to strengthen ties with the community.
Problem-oriented policing
A style of police management that stresses proactive problem solving instead of reactive crime fighting.
hot spots of crime
The relatively few locations- bars, malls, the bus depot, hotels, and certain apartment buildings- from which a significant portion of police calls typically originate in metropolitan areas.
gang tactical detail
A police unit created to combat neighborhood gang problems by targeting known offenders who have shown a propensity toward gang violence or criminal activity.
An effect that occurs when criminals move from an area targeted for increased police presence to another that is less well protected.
Intelligence-led policing
The collection and analysis of information to generate an "intelligence end product" designed to inform police decision making at both the tactical and the strategic level.
tactical intelligence
Gaining or developing information related to threats of terrorism or crime and using this information to apprehend offenders, harden targets, and use strategies that will eliminate or mitigate the threat.
strategic intelligence
Information about the challenging nature of certain problems and threats for the purpose of developing response strategies and reallocating resources.
National criminal intelligence sharing plan
A formal intelligence-sharing initiative that identifies the security and intelligence-sharing needs recognized in the wake of the 9/11 terrorist attacks.
Fusion center
A mechanism to exchange information and intelligence, maximize resources, streamline operations, and improve the ability to fight crime and terrorism by analyzing data from a variety of sources.
Internal Affairs
The police unit that investigates allegations of police misconduct.
Police productivity
The amount of order maintenance, crime control, and other law enforcement activities provided by individual police officers and concomitantly by police departments as a whole.
A government's actor's infringement on a person's reasonable expectation of privacy.
Open field
Any unoccupied or undeveloped real property outside the curtilage of a home.
Grounds or fields attached to a house.
Occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense.
Search Warrant
An order, issued by a judge, directing officers to conduct a search of specified premises for specified objects.
Arrest Warrant
An order, issued by a judge, directing officers to arrest a particular individual.
In-presence requirement
A police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime the officer did not witness, an arrest warrant must be obtained.
Probable Cause
The evidentiary criterion necessary to sustain an arrest or search warrant: a set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense.
The requirement that a search warrant state precisely where the search is to take place and what items are to be seized.
Probably Cause Hearing
If a person is subjected to a warrantless arrest, a hearing is held to determine whether probable cause exists that he committed the crime.
Exigent Circumstances
Emergency or urgent circumstances.
Hot Pursuit
A legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator.
Stop and Frisk
The situation in which police officers who are suspicious of an individual run their hands lightly over the suspect's outer garments to determine whether the person is carrying a concealed weapon; also called a threshold inquiry or pat-down.
Search incident to a lawful arrest
An exception to the search warrant rule, limited to the immediate surrounding area.
Bus Sweep
Police investigation technique in which officers board a bus or train without suspicion of illegal activity and question passengers, asking for identification and seeking permission to search their baggage.
Plain View Doctrine
The principle that evidence in plain view of police officers may be seized without a search warrant.
Miranda Warning
The requirement that when a person is custodially interrogated, police inform the individual of the right to remain silent, the consequences of failing to remain silent, and the constitutional right to counsel.
Public Safety Doctrine
The principle that a suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety.
The administrative record of an arrest, listing the offender's name, address, physical description, date of birth, and employer, time of arrest, offense, and name of arresting offer; it also including photographing and fingerprinting of the offender.
Placing a suspect in a group for the purpose of being viewed and identified by a witness.
Exclusionary rule
The principle that prohibits using illegally obtained evidence in a trial.
Fruit of the Poisonous Tree
Secondary evidence obtained from a search that violates the exclusionary rule.
Good faith exception
The principle that evidence may be used in a criminal trial even though the search warrant used to obtain it was technically faulty, as long as the police acted in good faith when they sought the warrant from a judge.
Inevitable Discovery Rule
The principle that evidence can be used in court even though the information that led to its discovery was obtained in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means or sources.
Aguilar v. Texas
If police use informants to develop probably cause to obtain a warrant, they must show why the informant should be believed and how the informant obtained his or her knowledge.
Arizona v. Gant
the police can search the passenger compartment of a vehicle following a lawful arrest only when it is reasonable to believe that (1) the arrestee may have access to the vehicle at the time of the search or (2) the vehicle contains evidence of the offense of arrest.
California v. Greenwood
Abandoned property does not enjoy Fourth amendment protection.
Carroll v. United States
The police may search an automobile without a warrant, provided they have probable cause to do so.
Chimel v. California
The police may search a suspect after a lawful arrest.
Delaware v. Prouse
Supreme Court forbade the practice of random stops in the absence of any reasonable suspicion that some traffic or motor vehicle law has been violated.
Florida v. Bostic
Drug enforcement officers, after obtaining consent, may search luggage on a crowded bus without meeting the Fourth Amendment requirements for a search warrant or probable cause.
Katz v. United States
A search occurs when a government actor infringes on a person's reasonable expectation of privacy.
Mapp v. Ohio
Evidence obtained in violation of the Fourth Aendment is not admissible in a state criminal trial (the exclusionary rule applies to the states).
Miranda v. Arizona
Suspects subjected to custodial interrogation must be advised of their Fifth Amendment privilege against self-incrimination.
Oliver v. United States
Open fields do not enjoy Fourth Amendment protection.
Riverside County v. McLaughlin
The police may detain an individual arrested without a warrant for up to 48 hours without a court hearing to determine whether the arrest was justified.
Terry v. Ohio
An officer may stop and frisk a person if he or she has reasonable suspicion that criminal activity is afoot.
Weeks v. United States
Evidence obtained in violation of the Fourth Amendment is not admissible in a federal criminal trial (exclusionary rule is created).
plea negotiations
Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced charges or a lenient sentence.
court of limited jurisdiction
A court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges.
Specialized court
A court that has primary jurisdiction over specific types of offenses and that operates differently than a traditional criminal court, such as with a concern over outcomes and extensive judicial monitoring.
Court of general jurisdiction
A state or federal court that has jurisdiction over felony offenses- serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more.
Appellate court
A court which appeals are made on points of law resulting from the judgement of a lower court; the appellate court may be asked to evaluate the impact of new evidence but more typically decides whether the state or federal constitution was improperly interpreted during a case.
U.S. District Court
A trial court in the federal court system.
U.S. Court of Appeals
An appellate court in the federal court system.
U.S. Supreme Court
The highest appellate court in the United States.
court of last resort
A court that handles the final appeal on a matter- in the federal system, the U.S. Supreme court.
Writ of Certiorari
An order of a superior court requesting that a record of an inferior court (or administrative body) be brought forward for review or inspection.
Rule of Four
The convention that four justices must agree to hear a case before a writ of certiorari is granted.
The senior officer in a court of law, who is authorized to hear and decide cases.
Alternative Dispute Resolution
A means of settling disputes outside the courtroom.
A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties agree to be heard.
An informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement.
Missouri Plan
A method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections.
A court that seamlessly integrates technology into its daily operations.
An appointed or elected member of the practicing bar who is responsible for bringing the state's case against the accused.
United States attorneys
The nation's principal (federal) litigators, appointed by the president. Assistant United States attorneys are tasked with, among other duties, prosecuting criminal defendants in federal court.
Attorney General
The chief legal officer and prosecutor of each state and of the United States.
District Attorney
The county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state.
Community Prosecution
A prosecutorial philosophy that emphasizes community support and cooperation with other agencies in preventing crime, as well as a less centralized and more proactive role for local prosecutors.
Prosecutorial Discretion
The prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright.
Nolle prosequi
The decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy.
Grand Jury
A group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring those persons to trial.
The use of an alternative to trial, such as referral to treatment or employment programs.
Defense attorney
Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal.
Indigent defendant
A defendant who lacks the funds to hire a private attorney and is therefore entitled to free counsel.
Assigned Counsel
A private attorney appointed by the court to represent a criminal defendant who cannot afford to pay for a lawyer.
Public defender
An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer.
Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant.
Contract system
Provision of legal services to indigent defendants by private attorneys under contract to the state or country.
pro bono
The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession and the community.
A court requiring a witness to appear in court at a specified time and place.