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Intro to Criminal Justice Chap. 1-8
Terms in this set (92)
Under the US system of justice, people basically join together, form governments (does surrendering their rights of self protection), and receive governmental protection in return.
Very little, if any, political or discretionary behavior or authority exists in the field of criminal justice; it's fixed laws and procedures to prevent such influences.
All prosecutions for crimes begin with a grand jury indictment.
Police make the final decisions concerning the actual crimes with which a suspect will be charged.
Parolee is the term used to describe one who has been granted early release from prison.
The US system of criminal justice is intended to function, and indeed does function in all respects, like a "well-oiled machine"
The US legal system is based on English common law.
A person who, upon returning home, discovers that their premises have been illegally entered and valuables removed, will correctly tell police, "I've been robbed"
Under current US law, one can be charged only for those criminal acts that he or she actually performs, and not for failure to act or perform in some manner.
As opposed to the situation under English common law, today one may use force, even deadly force, if he or she reasonably believes that an attack against him or her is imminent.
No particular amount of time is necessary for one to legally premeditate a murder.
Rape and theft are often referred to as public order or victimless crimes.
The term white-collar crime was introduced in 1939, when a researcher discovered that many crimes were committed by persons of respectability and high social status in the course of their occupations
If a burglar enters a premise and also commits a rape and murder while inside the hierarchy rule requires police to report to the FBI only the crime of murder.
Carjacking is now one of the FBI's eight part one crimes.
The classical school of criminology maintains that people have free will and choose whether or not to engage in crime.
Research shows that most men carry an extra Y chromosome—the "criminal" chromosome— which makes them more likely to commit crime.
According to social disorganization theory, specific characteristics of neighborhoods, not people, are linked to higher rates of criminal behavior.
Labeling theorists believe that by labeling people as offenders, we can stop people from committing crimes.
Environmental criminologist's argue that opportunities play a major role in causing crime.
Statistics show that arrests of female offenders for property crimes have increased dramatically over the past several years.
Interviews with known burglars revealed that these offenders are motivated strictly by financial gain.
The term ethics is rooted in the ancient Greek idea of "character"
The "end justify the means" Philosophy is typically a good, safe philosophy for the police and judge to follow.
Communities sometimes seem to tolerate questionable police behavior, if it is carried out to benefit the greater public good (such as dealing with violent gang members).
During an oral interview, applicants for policing jobs should never indicate a willingness to "snitch" On another officer whom they observe doing something wrong.
The receipt of gratuities by criminal justice personnel is a universally excepted practice.
Whistleblowers who exposed and proper acts of their coworkers now have no legal protection.
Because of their constitutional obligations, prosecutors and defense attorneys are not bound to the same ethical standards as other criminal justice employees.
What are the two competing goals of the criminal justice system.
Crime control and due process
What is adjudication
The legal resolution of a dispute Dash for example, when one is declared guilty or not guilty - by a judge or jury.
What is the alternative more severe than just probation sentencing option a judge can make
What is federalism
A type of government that divides power between a national (federal) government and governments of smaller geographic territories, including states, counties, and cities
What is the burden of proof called in a civil case
Preponderance of evidence
Body of law that spells out elements of criminal acts
Full sets at fourth house substantive laws are to be enforced
What are the two critical elements of criminal law
Mens Rea (criminal intent or motive) and Actus Reus (the act). Both together = concurrence (guilty mind + criminal act)
Latin for "an eye for an eye"
Latin for "to stand by a decision" — A doctrine referring to court precedent, whereby lower courts must follow decisions of higher courts when the same legal issues and questions come before them, therefore not distributing settled points of law
What are the two types of white-collar crimes
First type: crimes committed in the course of an offender's occupations. Second type: crimes incidental to any furtherance of business operation
In ethics, as articulated by John Stuart Mill, a belief that the proper course of action is that which maximize utility - usually defined as that would maximize his happiness and minimize it suffering
Noble cause corruption
A situation in which one commits an unethical acts for the greater good; for example, a police officer violates the constitution in order to capture a serious offender
What is the Appearance of impropriety
A judge must avoid any conduct ruining their image in public
What is the prosecutors primary duty
To do justice
What is the bell, the book in the candle ethics test
Do any bells or warning buzzer go off? Does it finally any laws are codes in a statue ordinance book? Oh my decision with stand the light of day or spotlight of publicity?
The four primary criminal justice officials of early England - sheriff, constable, corner, and justice of the peace - remain in existence today
The "architect" and "crib" of policing - the person and agency where most initial practices are developed - where J. Edgar Hoover, in the Philadelphia Police Department
The creation of the department of homeland security in 2002 (and the concurrent re-organization of several major federal law-enforcement departments and agencies) what was the most significant transformation in the US government in over half century
Full time professional policing, as it is generally known today, began in the early 1900s in New York City
The patrol function maybe said to represent the backbone of policing
State law enforcement agencies typically perform only one function: patrolling state highways
Interpol is the oldest, best known, and probably only Trueeee International crime fighting organization
Private policing (security officers) greatly outnumber the public police, and while some of their duties are similar, the overall powers a private police are entirely different
For many good reasons, there is a strong likelihood that, within the next 10 years, all municipal and county police agencies will be absorbed and consolidated into a single, national, centralized force
Normally there are only three types of test one has to pass in order to become a police officer: a background check, a criminal record check, and a polygraph exam
Siri show that a police officer who has a college degree is no better in terms of overall performance in one who is without a degree
As typically shown in movie and television portrayal's, detective work is primarily action packed and involves successful search for offenders
The four basic tasks of policing that involve the public are patrolling, tracking, arresting, and appearing in court
DNA is the most sophisticated and reliable type of physical evidence
Police officers, being governed by law and procedure manuals, actually have very little discussion and how they perform their jobs
The chances of a murder being caught is now about eight and 10
Recent deaths involving police in minority citizens in the United States, and the ensuing unrest, Demonstrate that the public wants less police militarization and more body worn camera is to be employed
Police behavior can be described as brutal in only one way: when they use physical violence toward a citizen
Constitutional policing, legitimacy, and procedural justice should form the foundation of policing, rather than police having a "soldier" mindset
Several studies have shown that hiring women and minorities ass police officers is, practically speaking, a futile effort, as they are less effective in this type of work
Although the police can be sued, the fear of civil liability is of minor concern to those who are minister or perform police work
Currently the only legal means of being compensated when police violate someone's rights is to take the matter into a criminal trial
The decision by a police officer to pursue a citizen in a motor vehicle is among the most critical that can be made
Because of its widespread, long-standing use by police, software that provides facial recognition and the ability to detect texting while driving may be used without concern for legal or privacy issues
The standard for a legal arrest, search, and seizure is probable
The exclusionary rule requires the evidence obtained by police in violation of the fourth amendment must not be used against the defendant in a criminal trial
There are essentially two ways for police to make an arrest: with a warrant and without a warrant
The courts grant police greater latitude in searching automobiles, which can be used to help make a getaway and to hide evidence
The Miranda warning remains intact from its original version; no deviations and it's explanation or practice by police are permitted
Generally, police do not have to "search" for things they see in plain view
The sixth amendment guarantees the right to a speedy and public trial, as well as the assistance of counsel to those accused of crimes by our justice system
What is the fourth amendment
Protection against unreasonable search and seizures
What is the fifth amendment
Guards against self incrimination in double Jeopardy. Miranda rights
What is the sixth amendment
The right to a speedy and public trial by an impartial jury, the right to affective counsel at trial, and other protections
What is the difference between decentralized and centralized policing
Decentralized decision-making refers to the delegation of decision making authority to subunits, under the overall coordination of headquarters; where as centralized authority denotes the retention of decision making authority in the hands of headquarters
Four basic tasks for police officers
Enforce the law, perform welfare task, prevent crime, protect the innocent
Emphasizes law and order in argues that every effort must be made to suppress crime and to try, convict, and incarcerate offenders
Advocates defendants presumption of innocence, protection of suspects rights, and limitations placed on police powers to avoid convicting innocent person's
The three eras of policing
Political era, reform era, community era
Most, 80%, federal law-enforcement agencies are located under two major departments
Department of justice and department of homeland security
The three policing styles
The watchman, the legalistic, the service
What are the four stressors for police
Organizational and administrative practices, the criminal justice system, the public, stress intrinsic to police work itself
Two important decisions police must make
Whether to intervene in the situation and how to intervene
Determinants of discretionary actions
The law, the officers attitude, the citizens attitude
What is a good test to determine if forces justified
What is the fourth officer used objectively reasonable
The three purposes of the exclusionary rule
Protect individuals from police misconduct, prevent police misconduct, maintain judicial integrity for citizens to have faith in the system
To legal triggers for Miranda warning
Custody and interrogation
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