Criminal Justice: A Brief Introduction Midterms 10th edition Ch. 1-6 – Flashcards
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Once laws are written down in organized fashion
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Codified
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Written form of the law
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Penal code
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The main objective of a civil lawsuit is to ____________________
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Seek compensation
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The traditional body of unwritten historical precedents created from everyday social customs, rules, and practices
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Common law
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It is uncommon to hear jurisdictions within the U.S reffered to as " common law jurisdiction " or " common law states "
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True
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Centerson the belief that an orderly society must be governed by established principles and known codes that are applied uniformly.
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Rule of law
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Tax laws, building codes, and health codes
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Administrative law
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The acts of legislature
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Statutory law
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Rules for contracts, divorces, child support and custody, the creation of wills, property transfers, libel, and many other contractual and social obligations
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Civil law
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Murder, rape, robbery, assaults
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Criminal law
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Under the law of precedent, the reasoning's of previous courts should be taken into consideration by other courts in setting similar future cases.
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Case law
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Which constitutional amendment guarantees the right to a speedy trial ?
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Sixth
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The degree of force that is appropriate in a given situation and that is not excessive
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Reasonable force
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An offense that has been completed is called an inchoate offense
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False
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An offense not yet completed
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Inchoate offense
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Gathering, transmitting, or losing of information related to the national defense in such manner that the information becomes available to enemies of the U.S
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Espionage
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Espionage is the "gathering, transmitting, or losing" of information related to the national defense in such manner that the information becomes available to enemies of the U.S
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True
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Means " Guilty Mind "
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Mens rea
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Means " Guilty Act "
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Actus reus
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Which supreme court states that the prisoners who become insane while incarcerated cannot be executed
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Ford v. Wainwright
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This violation is NOT a misdemeanor
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Robbery
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Woman is accused of murdering her brother, she claims that she stabbed her brother to release the evil spirits within his body. This is an act of ______
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Insanity
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Falls under the category of justifications
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Consent
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Mens rea is mostly clearly present when a person acts ______
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Knowingly
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Defense is used when a defense attorney claims that it was necessary for someone to inflict harm on another to ensure his or her own safety in the face of near-certain injury or death.
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Self-defense
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Which era is said to have grown out of national concerns with terrorism prevention ?
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New era
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Semipermanent assignment of officers to particular neighborhoods is called ___________
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Team policing
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What may be the definite book on community policing ?
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Trojanowicz's community policing
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Police use their discretion to exercise choice in their daily activities
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True
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In what era of policing did police departments focus most of their resources on solving " traditional " crime-fighting and the capture of criminals
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The reform era
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The FBI headquarters is located in what city ?
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Washington, D.C
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Which of the following is NOT one of the three major levels of law enforcement?
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District
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What strategy is designed to increase the productivity of patrol officers through the application of scientific analysis and evaluation of patrol techniques
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Directed patrol
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Police Chiefs are elected, and the mayor usually appoints sheriffs
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False
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_______________ is when law enforcement officers exercise choice while carrying out their duties
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Police discretion
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Why doesn't police response time result in a significant number of arrests ?
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Citizens do not report the event to the police until a considerable amount of time passes
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Where is the nation's largest law enforcement agency, with about 34,500 full-time sworn officers?
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New York
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In what year did the FBI begin as the Bureau of Investigation?
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1908
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The legalistic style of policing _______________
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Enforces the letter of the law
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The FBI operates one of the largest ______________
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Crime labs in the world
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Unreasonable searches and seizures are prohibited by the ____________
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Fourth amendment
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Police officers are not allowed to randomly stop citizens for questioning when they don't suspect them of breaking the law
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Brown v. Texas
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Which of the following Supreme Court cases diminished the scope of the exclusionary rule ?
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Illinois v. Rodriguez
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What legal concept provides the basis of suspicionless searches when public safety is at issue ?
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Compelling interest
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The 1984 U.S Supreme Court case U.S v. Leon established ________________
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The good-faith exception
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An officer knocks on the door of a suspected drug dealer, who invites the officer into the house. While in the kitchen, he spots weapons of mass destruction on the table this indicates a _____________ doctrine
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Plain view
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Which of the following is NOT an area of communication the ECPA deals specifically with ?
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GPS tracking
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Officers are usually required to submit an affidavit demonstrating probable cause to a magistrate or prosecutor in order to obtain a warrant
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True
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In 2005, ______________ was appointed Chief Justice of the U.S Supreme Court
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John G. Roberts
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In the case of U.S v Sokolov, the Supreme Court ruled that the legitimacy of stopping and detaining the suspect for investigation ........
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Totality of circumstances
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Which U.S Supreme Court case made the exclusionary rule applicable to seizures by federal officers ?
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Weeks v. U.S.
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______________ is a belief, based on a consideration of the facts at hand and on reasonable interference's drawn from those facts that would indicate criminal activity is taking place or that criminal activity has recently occurred.
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Probable cause
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In California v. Hodari D., the Court ruled that suspects who flee from officers and threw away evidence as they retreat may be arrested and evidence may be used in court
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True
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In Illinois v. Caballes, the U.S Supreme Court has held that the use of a drug-sniffing dog during a routine and lawful traffic
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True
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In the 1960's, the U.S Supreme Court accelerated the process of guaranteeing individual rights in the face of criminal prosecutions
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True
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Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction
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Crime
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An 1850-1880 crime epidemic that was apparently related to social upheaval caused by ______________
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Large scale immigration of the Civil War
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American crime rates remained relatively stable until when ?
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1960
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Accompanied by a dramatic increase in reported criminal activity
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Individual rights
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Requires corporate official (chief executive officers and chief financial officers) to personally vouch for the truth and accuracy and completeness of their financial reports.
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Sarbanes-Oxley Act (SOX)
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Completed first national study of crime and criminal justice - recommendations on professionalism, interrogation, politics ousted , chief selection. First national study of crime and criminal justice
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The Wickersham Commission
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Citizens with cell phone camera recorder has 1st amend right to record police actions in public places
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Glik v Cunniffe
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a particular set of values, beliefs, and acceptable forms of behavior characteristic of American police with which the police profession strives to imbue new recruits
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Police subculture
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The way police look at the world; their behavior while they carry out their missions, strategies, and the law.
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Police working personality
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Deviant behavior by police officer
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Police corruption
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Found significant forms of police misconduct at all levels of the NYPD, including corruption, bribery, and participation in illegal activities such as gambling and prostitution in early 1970's
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Knapp commission
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Federal Bureau of Investigation: the federal agency charged with investigations for the Attorney General and with safeguarding national security.
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FBI
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International Association of Chiefs of Police
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IACP
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The branch of the police department that investigates charges of corruption or police misconduct
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Internal affairs
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Enforces federal laws
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Department of Justice (DOJ)
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A weapon that uses living organisms, such as bacteria or viruses, or toxins produced by living organisms to cause death, disease or injury to plants humans, animals or plants.
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Biological weapon
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Police Executive Research Forum
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PERF
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Law enforcement personnel from federal, state, and local agencies who work together to track down terrorists and prevent acts of terrorism in the U.S.
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Joint Terrorism Task Forces (JTTF)
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Created by the FBI to share information with local enforcement agencies.
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Regional Terrorism Task Force (RTTF)
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Collection and analysis of info to produce an intelligence and product to designed to inform police decision making at tactical and strategic levels
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Intelligence-led policing (ILP)
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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.
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Tactical Intelligence
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- All source assessments of trends or developments of near or long term importance to US - deals with external situations that could seriously affect core US interests - provide officials with framework for thinking about long term issues - sub-set of national intel - NIE's!
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Strategic Intelligence
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A national interactive computer communications system and information service.
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What is LEO (Law Enforcement Online) ?
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The International Justice and Public Safety Network - an important law enforcement information resource which its members include all 50 states, federal agencies and the Royal Canadian Mounted Police.
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NLETS
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Usually refers to hazardous substance control and evaluation
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Hazardous Material (HAZMAT)
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Four main plans : - promoting the law enforcement intelligence process and ILP - identifying best practice in these area an sharing them with all law enforcement agencies - providing training resources to educate officers about ILP - establishing a technology and research development capability
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NCISP (National Criminal Intelligence Sharing Plan)
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Allows the plaintiff to recover damages from the defendant
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Civil liability
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Based on the issue of an improperly issued warrant may be liable for monetary damages Officers failed to establish probable cause
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Malley v Briggs (1986)
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Qualified immunity of officers, under specific circumstances, cannot be sued for their actions. Qualified Immunity analysis must proceed in two steps: 1. Did conduct violate a constitutional right? 2. Was right clearly established?
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Saucier v Katz (2001)
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Officers actions deemed negligent. The officer had not been properly trained. Biscoe received 5million dollars from a high speed chase that occurred as he was waiting to cross the street
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Biscoe v Arlington County (1984)
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Pilotless aircraft used for reconnaissance, electronic warfare, or combat operations
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UAV (Unihabited Air Vehicles)
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Harris was arrested slumped to the floor several times and the police never called for medical help. Supreme court ruled that "failure to train" can be the basis for liability in the part the police come in contact.
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City of Canton Ohio v Harris (1989)
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Supreme court ruled that in order to establish liability, plaintiffs must show that municipal action was deliberately indifference. Officer burns used excessive force when arresting a woman. Court held the deliberate indifference had not been established based on burn background.
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Board of the county commissioners of Bryan County Oklahoma v Brown
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A civil suit brought under title 42, section 1 9 8 3, of the U.S code, against anyone who denies others their constitutional right to life, liberty, or property without due process of law.
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1983 lawsuit
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A civil suit brought against federal government officials for denying the constitutional rights of others
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Bivens action
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Grants broad immunity to federal government agencies, and engaged in discretionary activities. Known as the Westfall Act.
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Federal Tort Claims Act (FTCA)
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Warrant-less arrest Even law enforcement officials who reasonably, but mistake, probable cause, is present and are entitled to immunity
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Hunter v Bryant (1991)
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Deadly car chase. Police may use force to stop a car chase that posess a substantial and immediate risk of injury to others.
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Scott v. Harris (2007)
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The court ruled that federal law enforcement officers are not immune from state prosecution where their actions violate state law "either through malice or excessive zeal
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Idaho v. Horiuchi (2001)
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Allegations that police search and seizures, traffic stops, field interrogations, and arrests are made on non-behavioral factors related to race or ethnicity rather than suspicious behavior or probable cause
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Racial profiling
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Amount force that could cause death or serious bodily injury
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Deadly force
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The use of physical restraint by a police officer when dealing with a member of the public.
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Police use of force
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The application of an amount and/or frequency of force greater than that the required to compel compliance from a willing or unwilling subject.
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Excessive force
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Established the standard of objectively reasonableness. deadly force should be judged by the perspective of a reasonable officer on the scene and not a 20/20 hindsight. -misunderstanding of diabetic
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Graham v Connor (1989)
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•The federal policy is uses an "imminent danger" standard. •Restricts the use of deadly force to ONLY those situations where the lives of officers or others are in danger. •Elements of the standard: -Defense of life -Verbal warnings -Vehicles -Fleeing subject -Warning shots
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Federal deadly force policy
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A crisis situation in which a citizen provokes to cops into using lethal force in order to die on their own terms
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Suicide by cop
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Designed to disable, capture, or immobilize but not kill. (deaths still can occur)
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Less-lethal weapon
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Increasing formalization of police work and the accompanying rise in public acceptance of the public
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Police professionalism
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Located in Glynco, Georgia. Provides training for about 60 federal law enforcement agencies (FBI, DEA)
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Federal Law Enforcement Training Center - (FLETC)
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American Society for Law Enforcement Training. Works to ensure quality in peace officer training
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What does ASLET stand for?
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Certified Law Enforcement Trainer Police training professionals
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CLET stands for?
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A Dallas Police Department policy requiring a minimum of 45 semester hours of successful college-level study for new recruits.
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Davis v. Dallas (1985)
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1) Better written reports 2) Enhanced public communication skills 3) More effective job performance 4) Fewer citizen complaints 5) Greater initiative 6) Wiser use of discretion 7) Heightened sensitivity to racial and ethnic issues 8) Fewer disciplinary problems
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Benefits of hiring educated police officers
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Female officers are less likely to use excessive force
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National Center for Women in Policing (NCWP) asserts that departments should hire more women officers because:
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Officers who accept payoffs that police work brings their way -harder to detect than meat eaters -make corruption seem acceptable
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Grass eaters
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-active seeking of illicit money-making opportunities by officers -more serious form of corruption -includes major bribes, committing crimes, protecting corrupt officers, denying civil rights, committing physical abuse
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Meat Eaters
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We will not Lie, Steal, or Cheat, nor tolerate among us anyone who does. Furthermore, I resolve to do my duty and to live honorably, so help me God.
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Cadet Honor Oath (The Law Enforcement Oath of Honor)
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The nation's monument to police officers who have died in the line of duty (Washington, D.C.)
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National Law Enforcement Officers Memorial
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An educational program recognizing the cultural diversity of the US and promoting equality of all cultural traditions.
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Multiculturalism
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The scientific study of the causes of crime, rates of crime, the punishment and rehabilitation of offenders, and the prevention of crime
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Criminology
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The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group. Social. Control is primary concern of social groups and communities.
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Social control
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Emphasizes individual rights at all stages of justice system processing
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Due process model
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Efficient arrest and conviction of offenders
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Crime-control Model
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A right guaranteed by the 5th, 6th, and 14th amendments: due course of legal proceedings
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Due process
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Investigation-> Warrant-> Arrest-> Booking-> First appearance-> Preliminary hearing-> Indictment-> Arraignment-> Adjudication-> Sentencing-> Corrections-> Reentry
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Steps in the American criminal justice process
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Agencies and institutions directly involved in the implementation of public policy concerning crime, mainly the law enforcement agencies, courts and corrections
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Criminal justice system
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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. (i.e. Power)
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Conflict model
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1. Law Enforcement (Cops) 2. Courts 3. Corrections
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Core components of the American Criminal Justice System
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A criminal justice perspective that assumes that the systems components work together harmoniously to achieve the social product; justice.
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Consensus model
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One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.
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Public order advocate
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crime-fighting strategies that have been scientifically tested and that are based on social science research
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Evidence based practice defined
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One who seeks to protect personal freedoms within the process of criminal justice.
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Individual-rights advocate
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The rights guaranteed to all members of American society by the U.S. Constitution
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Individual rights
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Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.
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Crime
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A condition said to exist when a group is faced with social change, uneven development of culture, disharmony, and lack of consensus.
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Social disorganization
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The condition of a society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict.
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Social order
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A statistical reporting program run by the FBI's Criminal Justice Information Services (CJIS) Publishes Crime in the US which provides annual summation of the incidence and rate of reported crimes throughout the US
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Uniform Crime Reporting (UCR) Program
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An annual survey conducted by the U.S. Department of Justice that asks a representative sample of the American public about crimes they have suffered.
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National Crime Victimization Survey (NCVS)
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A U.S. department of Justice agency responsible for the collection of criminal justice data
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Bureau of Justice Statistics (BJS)
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An incident-based reporting system that collects data on every single crime occurrence. It provides more information and is constantly updating replacing the kinds of summary of data that have traditionally been provided by the UCR
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National Incident-Based Reporting System (NIBRS)
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Crime that involves threats or use of force: assault, rape, murder & robbery
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Violent crime
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Involve theft of change of property without the threat of personal bodily harm Burglary, Larceny, Auto Theft, Arson, Vandalism, etc. The most frequent criminal infractions
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Property Crime
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The unlawful killing of a human being. Murder is a generic term that in common usage may include first- and second-degree murder, manslaughter, involuntary manslaughter, and other similar offenses.
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Murder
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UCR eight common offenses: murder, forcible rape, aggravated assault, robbery, burglary, motor vehicle theft, larceny, and arson all reports of these crimes, even when they do not result in an arrest, are recorded to estimate crime in the nation and various states/ regions
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Index part 1 offenses
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The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim
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Rape
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Sexual assault using force or threat of force and involving sexual penetration of the victim's vagina, mouth, or rectum.
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Forcible rape
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Intentional and wrongful physical contact with a person without his or her consent
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Sexual battery
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The unlawful taking or attempted taking of property that is in the immediate possession of another by force or the the threat of force.
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Robbery
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Attack by one person upon another
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Assault
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The unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person of another. most state penal nodes use labels like first-degree and second-degree to make such distinctions.
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Aggravated assault
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Breaking and entering the dwelling house of another with the intent to commit a felony therein
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Burglary
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The unlawful taking, carrying, leading, riding away of property from the possession or constructive possession of another (no use of force, violence, or fraud)
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Larceny/Theft
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The use of someone else's personal information without their permission to fraudulently obtain goods and services
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Identity theft
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The act of forcing sexual intercourse on a non-consenting date or partner
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Date rape
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The attempted or compete theft of an automobile, truck, bus, or motorcycle.
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Motor vehicle theft
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The intentional and malicious burning of a building or other property for unlawful purposes
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Arson
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•Part II offenses are less serious than Part I •Offenses and include many social order •Offenses, such as: •Simple assault •Driving under the influence •Prostitution •Vandalism •Receiving stolen property •Fraud Embezzlement
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Part 2 offenses
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A criminal offense committed because of the offender's bias against a race, religion, ethnic group, national origin, or sexual orientation. Also referred to as bias crime.
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Hate crime
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The use of e-mail, chat rooms, bulletin boards, or other electronic communication devices to stalk another person
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Cyberstalking
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A violation of a criminal statue by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership or other form of business entity.
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Corporate crime
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Crime committed by people of respectability and high social status in the course of their occupations
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White collar crime
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Criminal activity by an enduring organization developed and devoted primarily to the pursuit of profits through illegal means (importing drugs)
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Organized crime
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Crimes that do not become part of the official record
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Dark figure of crime
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The study of criminal behavior involving research on the links between different types of crime and criminals. -offender groups -property crimes, sex crimes, etc
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Crime typology
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Repeated and persistent attempts to impose unwanted communication or contact on another person
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Stalking
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Any unlawful activity undertaken and supported by organized criminal groups operating across national boundaries; also called transnational crime.
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Transnational organized crime
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Any crime perpetrated through the use of computer technology. Also, any violation of a federal or state computer-crime statute. Also called cybercrime.
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Computer crime
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Violence, or the threat of violence, by and individual or a group as a political strategy
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Terrorism
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Unlawful use of force or violence by a group or an individual who is based and operates entirely within the US and it's territories without foreign direction and whose acts are directed at elements of the US government or population.
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Domestic terrorism
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The unlawful use of force or violence by an individual or group with a connection to a foreign power or whose activities transcend national boundaries against people or property to intimidate or coerce a government, the civilian population, or any segment thereof for political or social objectives
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International terrorism
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Form of terrorism that makes use of high technology, especially computers and the Internet, in the planning and carrying out of terrorist attacks.
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Cyberterrorism
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The primary research arm of the U.S. Department of Justice
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National Institute of Justice (NIJ)
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Much more detailed including information such as place of occurrence, weapon used, type & value of property damaged or stolen, characteristics of victim & offender, etc. Distinctions between Part 1 & 2 offenses are replaced with 22 general offenses
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UCR/NIBRS
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1940's: sharp decrease in crime (WWII) 1960s-1990s: Dramatic increase in crime (baby boomers)1991-2009: Decrease in crime (Laws)
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What three major shifts in crime rates can be identified in the United States since official crime-reporting programs began ?
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The percentage of crimes that are solved versus crimes that are unsolved
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Clearance rate
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Murder of separate victims with time breaks as short as 2 days to as much as weeks or even months between victims. "involve killing of several victims in 3 or more separate events" ex: Hillside Strangler in Cali; Ted Bundy
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Serial murder
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Unborn Victims of Violence Act. Makes it a separate federal crime to "kill or attempt to kill" a fetus" during an assault on a pregnant woman.
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Laci and Conner's Law
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1) forcible entry 2)unlawful entry with no force 3)attempted forcible entry
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Three classifications of burglary
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Young adults between the ages 20-24.
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What age group is more likely to be murdered?
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Killing four or more people at one time or one place
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Mass murder
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An annual survey conducted by the U.S. Department of Justice that asks a representative sample of the American public about crimes they have suffered.
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National Crime Victimization Survey (NCVS)
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Victimless crimes, such as drug use, prostitution, and gambling.
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Social-order offenses
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Contains the Safe Streets for Women Act which increase federal penalties for repeat sex offenders and requires mandatory restitution for sex crimes.
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Violence against Women Act (VAWA)
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(Hate Crimes) violent acts directed toward a particular person or members of a group merely because the targets share a discernible racial, ethnic, religious, or gender characteristic.
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Bias crimes
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A term that refers to the murder of a homosexual by those opposed to that lifestyle.
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Homophobic homocide
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-Lautenberg Amendment -Bars anyone from carrying firearms if they have a conviction for domestic violence -Police officers or military personnel with past misdemeanor convictions may lose their jobs
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Domestic Violence Offender Gun Ban (1996)
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Corporations can be treated as separate legal entities and convicted of violations of criminal law.
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Identification doctrine
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protects gun manufacturers and sellers of guns from lawsuits based on the criminal use of their products.
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Protection of lawful commerce in arms act
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1st Supreme Court case to decide if the 2nd Amendment protects the right to bear arms for self defense
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District of Columbia v. Heller (2008)
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Term used to collectively refer to malicious software technologies such as viruses, Trojan horses, worms.
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Malware
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A malicious program that (a) reproduces itself, (b) enters program code without consent, and (c) performs destructive actions.
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Computer Virus
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Unwanted e-mail sent out by advertisers as a mass mailing
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Spam
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Computer-based activities that violate state, federal, or international laws
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Computer crimes
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The act of attempting to acquire information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication.
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Phishing
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Grokster distributed copyrighted music.>1st amendment
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MGM v. Grokster (2005)
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Unlawful use of force or violence by a group or an individual who is based and operates entirely within the US and it's territories without foreign direction and whose acts are directed at elements of the US government or population.
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Domestic terrorism
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1. threats from foreign sponsors 2. threats from formalized terrorist groups (al Queda) -have own infrastructures, financing, training etc. 3. threats from loosely affiliated international radical extremists -World Trade Center 1995
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International terrorism
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Form of terrorism that makes use of high technology, especially computers and the Internet, in the planning and carrying out of terrorist attacks.
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Cyberterrorism
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Border security, emergency preparedness, weapons of mass destruction, intelligence
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Department of Homeland Security (2001)
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UCR is a report of crime from the FBI. NCVS is a survey of crime
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What is the difference between the UCR and the NCVS?
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Murrah Building in Oklahoma City by Timothy McVeigh
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Example of domestic terrorism
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Unlawful activity that occurs across national boundaries
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Transnational offenses
