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