MCC Criminal Justice Ch 1 – Flashcards
Unlock all answers in this set
Unlock answersquestion
Informal Sanctions
answer
social norms that are enforced through the social forces of the family, school, government, and religion.
question
Formal Sanctions
answer
Scoail norms enforced through the laws of the criminal justice system.
question
Social Norms
answer
The expected normative behavior in a society.
question
Order Maintenance
answer
Activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizens
question
System of Social Control
answer
A social system designed to maintain order and regulate interactions
question
Two Treatises of Government
answer
all human beings are endowed with natural rights that are given to people by a power higher than government and that people cannot be deprived of.
question
Due Process Rights
answer
Rights guaranteed to persons by Constitution and its amendments.
question
Crime-Control (public order) Model
answer
A model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims.
question
Due Process Model
answer
A model that ensures that individuals are protected from arbitrary and excessive abuse of power by the government.
question
Criminal Justice System
answer
The enforcement, by the police, the courts, and correctional institutions of obedience to laws
question
Picket fence model
answer
The model of the criminal justice system in which the local, state, and federal criminal justice systems are depicted as horizontal levels connected vertically by the roles, functions, and activities of the agencies that comprise them.
question
Checks and balances
answer
the authority of the legislative branch, the executive branch, and the judicial branch to provide a constitutional check on the actions of each other.
question
input output model
answer
A model of how people are processed through the criminal justice system until they exit the system
question
Arrest
answer
To restirct the freedom of a person by taking him or her into police custody.
question
Booking
answer
Police activity that establishes the identification of an arrested person and formally charges that person with a crime.
question
Bail
answer
Release of the defendant prior to trial.
question
Indictment
answer
The formal verdict of the grand jury that there is sufficient evidence to bring a person to trial.
question
Preliminary Hearing
answer
A hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probably cause to bring the defendant to trial.
question
What are the 5 stages of the Criminal Justice Process Model
answer
Police, Prosecutors, Judges/Magistrates, corrections Officials, Proaling Authorities
question
Probable cause hearing
answer
A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime. Also called preliminary hearing
question
Grand Jury
answer
A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.
question
True Bill
answer
A jury's decision that authorizes the prosecutor to arraign the defendant.
question
Arraignment Hearing
answer
A hearing where charges are read and the defendant is asked to enter a plea.
question
Meta-Influence
answer
A phenomenon that results in encompassing transformative charges.
question
What are the four meta-influences that have resulted in changes in the criminal justices system
answer
Civil Rights Movement, Vietnam War, Rising crime rate and publics increased awareness, and 9/11 attacks
question
Slave Patrols
answer
Militia (free adult white males) responsible for controlling, returning, and punishing run away slaves
question
Brown V Board of Education in Topeka
answer
U.S. Supreme Court decision that resulted in the movement to integrate schools, public transportation, businesses and society
question
Civil Rights Act of 1964
answer
1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
question
Jim Crow Laws
answer
State laws in the South that legalized segregation.
question
1972 Equal Employment Opportunity Act
answer
a federal law enforcement agency that enforces laws against workplace discrimination
question
Civil Disobedience
answer
A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.
question
Montgomery bus boycott
answer
In 1955, after Rosa Parks was arrested for refusing to give up her seat on a city bus, Dr. Martin L. King led a boycott of city busses. After 11 months the Supreme Court ruled that segregation of public transportation was illegal.
question
Vietnam War
answer
..., a prolonged war (1954-1975) between the communist armies of North Vietnam who were supported by the Chinese and the non-communist armies of South Vietnam who were supported by the United States
question
Domino Theory
answer
A claim that the continued fall of governments to communist rule would threaten democracy
question
War on Crime
answer
A declaration by President Lyndon Johnson in 1965 to counter crime and social disorder.
question
Omnibus Crime Control and Safe Streets Act of 1968
answer
Permitted court authorized wire-tapping and bugging by federal, state, and local authorities and use of such evidence in trial. Later reversed by the Supreme Court based on 4th Amendment rights.
question
Law Enforcement Assistance Administration
answer
-Provided funding for education of police officer
question
war on terrorism
answer
initiated by george w. bush after the september 11, 2001, attacks to weed out terrorist operatives throughout the world, using diplomacy, military means, improved homeland security, stricter banking laws, and other means
question
enemy combatants
answer
suspension of due process rights for accused terrorists under the enemy combatant executive order
question
Due Process Amendment
answer
The Fourteenth Amendment of the US Constitution prohibiting local governments from depriving persons of life, liberty, or property without due process.
question
substantive due process
answer
Due process that refers to the constitutionality of laws
question
procedural due process
answer
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
question
Incorporate
answer
To grant rights defined by the constitution to the citizens of a state
question
Presumption of Innocence
answer
a person is innocent of a crime, even when arrested for that crime, until they are proven guilty in a court of law
question
Sociology
answer
Social science that studies human society and social behavior
question
Criminology
answer
The body of knowledge regarding crime as a social phenomenom
question
Why is public order (crime control) necessary in our society and what makes balancing public order with individual rights so complex?
answer
There must be a balance between law and order and due process rights. Without crime control there is a fear of violence , unrest, and violent demonstrations. Protection of the innocent is the prime directive under public order. This is complex because we cannot forsake individual constitutional rights when seeking justice. Due Process must be used to ensure individuals are protected from arbitrary and excessive power abuse
question
How do courts provide guidance in balancing crime control and due process
answer
By using the due process model guidance is provided to offer balance. Rules Law enforcement must follow in arrest and interrogation of accused persons so that innocent persons are not wrongfully accused.
question
List the major processes a defendant faces in the criminal justice system
answer
Entry into system, prosecution and pretrial, adjudication, sentencing, corrections
question
Describe what takes place during an initial appearance
answer
Appear before judge, evaluation of charges, accused advised of rights, determine if accused has legal representation, bail set
question
How can a defendant challenge a conviction
answer
During sentencing the prosecutor and defendants counsel can challenge the sentence and information presented by the pre-sentence investigation report.
question
Describe the struggle for equality within society and the criminal justice system
answer
One of the characteristics of the system is that it reflects the mistrust of a strong centralized government by early founders of US resulting in numerous checks and balances within the system. Entry into system, prosecution and pretrial, adjudication, sentencing, corrections. Agencies are semi-autonomous - no One person has oversight powers to supervise and regulate the processing of an accused person.
question
How was the criminal justice system perceived as a failure
answer
The roots of the system were founded in racial discrimination. Slave patrols were used in the criminal justice system of the southern colonies and states.
question
What did the presidents Crime Commission legislate to offer funding to improve the criminal justice system
answer
Five stages in criminal Justice system.
question
Which amendment provides due process
answer
14th amendment
question
what are the primary sources of due process rights
answer
1st, 4th, 5th, 8th amendments and right to a speedy trial
question
how are federal rights granted to the states
answer
Incorporate
question
What are two academic disciplines that conduct research in the criminal justice field
answer
criminology attorney prosecutor
question
How long has crime been studied by scholars in US
answer
since 1960s
question
What is the purpose of criminology
answer
To study crime as a social phenomenom
