ACAT Justice Studies Flashcards by Daphne Buckland

One of the criticisms of corrections is they don’t work as evidenced by the figures on

recidivism

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The first “big house” or prison reformatory in the United States was in

Elmira, New York

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The notions of reform and forgiveness underlie corrections today as they did in the

18th century

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The changing world of the death penalty is primarily on the

state level

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The greatest impact towards reform in corrections has been induced by the

judicial branch

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The difference between the Eastern Pennsylvania and Auburn, New York prisons was that:

Both had single solitary cells but at Auburn, prisoners were fed and employed together during the day.

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In recent years, correctional ideology has tended toward

treatment or rehabilitation

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A prisoner has the right to attend the worship service of their choice based on the

1st amendment

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What is the most important factor to the deterrence of crime?

Certainty

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The Justice Model of corrections advocates

just deserts in punishment theory

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Boot camps, house arrest, intensive supervised probation, electronic monitoring, and restitution are called

intermediate sanctions and punishments

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A major finding by Robert Martinson’s studies was that with a few exceptions, most correctional programs had little to no effect on

reducing recidivism

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The ideas of reform and solitude for the process of reformation began with the

Walnut Street jail

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The racial group most likely to be victimized by crime within the United States are

Blacks

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Crime within the United States is largely but not exclusively an

Urban Phenomenon

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Data show that the U.S. has the highest rate of ____________ among industrialized nations

violent crime

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Some of the major sources of disorder and frustrations within the criminal justice system are the competing conflicts between the

due process and crime control model

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Shaw and McKay cite the high incidence of delinquency in places which are physically deteriorated, have poor health records, and suffer economically as evidence as their

social disorganization theory

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In her 1983 book, Nations Not Obsessed with Crime, Freda Adler suggested that countries with low crime rates have strong elements of

social control existing outside the criminal justice system

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In highlighting violent crime in the United States, the media coverage has often lead to

unreasonable fear on part of the general public

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One of the problems that both police and prosecutors face is criticism of their

discretionary power

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Victimless crimes consist of prostitution, drunkenness, and gambling, are virtually unenforceable, lead to questionable moral and legal actions, actually increasing the

growth of illegal goods and services

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The components of the criminal justice systems are found at the

federal, state, and local levels

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The period since the 1960s in the United States has been on of

increasing public fear of crime

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Corporate crime is a concern for society because it is still ignored by

governmental crime reporting

Differential association theory is an example of

social process theory

Murder is not a crime asked about in the

National Crime Victim Survey

The Pennsylvania system was commonly referred to as the

"Separate and Silent" system

Computer fraud is not a Uniform Crime Report

Part 1 offense

Sir Robert Peel's reforms for policing included local responsibility for law and order, appointed civilians paid to assume responsibility for law and order and

standards of conduct for those appointed

Separate police agencies with their own jurisdiction are found at the

federal, state, and local level

Officers may enter a home to make an arrest without a warrant while

in hot pursuit of a suspect

A "volunteered" statement is one made without

custodial interrogation

Private citizens contribute to the definition of law enforcement through direct contact with police officers and indirect influence exerted on those same officials through

interest group organizations

The standard for obtaining valid consent to search is that the consent was given

voluntarily

State police agencies usually consist of patrol and

investigation functions

Plain view items can be seized by officers who have

the lawful authority to be where they are

The county sheriff is the head of a law enforcement agency that is

popularly elected by voters

The father of modern-day police forces within the United States is

August 'Gus' Vollmer

The U.S. Supreme Court case establishing the concept of stop and frisk was

Terry v. Ohio

The phrase "suicide by police" is where citizens use officers as a means to carry out their

suicide

Nineteenth century American communities lacking police departments addressed their need for self-protection and law enforcement by forming

vigilante groups

Crimes and arrest rates reveal that for the majority of crimes that occur

no arrest is made

The main finding in the Kansas City Preventative Patrol Experiment is that variation in the degrees of patrol had

no impact on crime

The County Sheriff's department typically handles

jail operations

The priority of order and maintenance best characterize James W. Wilson's

watchman police style

A true bill means a criminal indictment by

a grand jury

Direct evidence is criminal evidence that establishes a legal fact without the use of

inference

An indictment upon probable cause is issued by a

grand jury

Trial courts of limited jurisdiction are generally

overloaded and have delays

The 8th amendment protects defendants from

excessive bail and cruel and unusual punishment

Magistrate judges conduct initial appearances of

criminal defendants

Laws assuring the accused person will be given rights and establishing set rules of legal procedure for trying those individuals is referred to as

criminal procedural laws

Court decisions, in which the judge looks to previous decisions for precedents is called

case law

Prosecutors, in relation to other criminal justice agencies, exercise more

discretionary authority

Reasonable suspicion of crime is not mentioned in the

4th amendment

Prosecutors are powerful since they are gatekeepers who decide

whether to file charges and which charges to file

A regular jury normally consists of 12 people to determine the

criminal guilt of the defendant

The selection of judges is done by the process of

election or appointment

A jury trial is guaranteed in all criminal prosecutions under the

6th amendment

In its report on police corruption in NYC in the 1970s, the Knapp Commission identified this type of corrupt police officer

grass eaters and meat eaters

The modern approach of community policing emphasizes the

Proactive Response

Chain of command is the term for operations passing through the proper

channels of authority

The case of Tennessee v Garner articulated guidelines for the proper use of

deadly force by police

Probable cause/reasonable belief is required for a police officer to

make a lawful arrest

The first black police officers in the 1870s had no law enforcement authority over

white citizens

According to police expert Jerome Skolnick, the working personality of the police officer is shaped by three forces:

Efficiency, Danger, and Authority, Not expectation of favors

The first private policing agency was started by

Alan Pinkerton

Corrupt police officers, who accept payoffs from people on a regular basis are called

grass eaters

The Metropolitan Police Act, the legislation that established the first organized police force in London was developed by

Robert Peel

The largest federal law enforcement agency is the

U.S. Customs and Border PRotection

The Mollen Commission found the pervasive nature of police perjury in its

1994 New York Report

Entrapment occurs when an otherwise innocent person is lured into

committing crime by the police

Compared to whites, African-Americans and Hispanics are drawn into the criminal justice system by

stops and arrests at a much higher rate

A guilty or blameworthy state of mind describes the mental element of

mens rea

The philosophy of punishment which attempts to restore a convicted offender to society through treatment is known as

rehabilitation

The determination of a defendant's guilt is known as

adjudication

Courts of limited jurisdiction do not consider

murder cases

The vast majority of all correctional activities in the U.S. is funded by

state and local government

The practice under which judges grant release if the defendant is employed and has roots in the community is known as

release on recognizance

The deterrent effect of criminal justice works to provide examples

discouraging other from crime

A significant deprivation of liberty involving taking a person into custody, transporting them to a police station for jail, and processing them into the criminal justice system is called an

arrest

Jails are typically populated with people who are

poorly educated

The most crime-prone demographic group in the United States is

males ages 16-24

A status offense is an activity considered a crime only because the offender is a

minor or an addict

Criminal fines are paid to the court, not the

police department

The study of the use of punishment for criminal acts is known as

penology

Recidivism is best defined as repetition of

criminal behavior

The first one to use science to predict criminal behavior was an

Italian physician Cesare Lombroso

Selective incorporation is where the Bill of Rights were applied to the states via the

14th amendment

The decision of Mapp v Ohio applied the

4th amendment exclusionary rule to the states

Fighting words, true threats, and seditious speech are not protected by the

1st amendment

Adult pornography is protected expression, but

child pornography and obscenity are not

Reasonable individualized suspicion is required to

stop and frisk a person in the United States

Probable cause (a reasonable individualized belief of criminality)

is required to make an arrest

The Miranda Warnings are required when someone is in police custody and

being interrogated

Illegally obtained evidence is usually deemed inadmissible and subject to the

exclusionary rule

The police good faith exception admits _________________ due to good faith mistakes

illegally obtained evidence

Omissions or the failure to act can only be made a crime when there is a

legal duty to act

Strict liability offenses remove the mens rea requirement, imposing criminal liability without

fault

General intent is the intent to commit the crime: specific intent is the intent to

do something extra

Few states allow the use of deadly force to protect property;

Texas and Colorado are exceptions

Self-defense and reasonable use of force is available to repel an

unprovoked and imminent attack

The castle exception negates the duty to retreat inside the home unless the

cohabitant rule applies

Consent can never provide a defense to permit victims to

'voluntarily' consent to serious injuries

Mistake of fact negates mens rea when someone

takes something they thought belonged to them

Involuntary intoxication is a complete defense; voluntary intoxication only

negates specific intent

Most states use the right and wrong test to determine if

the defendant is legally sane

The right to keep and bear arms encompasses the right to

own firearms in the home

The right to burn the American flag was recognized in

Street v. New York and Texas v. Johnson

The 6th Amendment requires jury verdicts to be based on

twelve person unanimous ones

The right to legal counsel for indigent defendants was held in

Gideon v. Wainwright

Hateful racist and sexist speech without threats is protected under the

1st Amendment

The death penalty cannot constitutionally be imposed on

minors or persons with disabilities

Capital punishment cannot be imposed on adults for the crime of

adult or child rape

The right to privacy for a woman to get an abortion was recognized in

Roe v. Wade.

Mistake of fact negates mens rea when someone

takes something they though belonged to them

Involuntary intoxication is a complete defense; voluntary intoxication only negates

specific intent

Most states use the right and wrong test to determine if the defendant is

legally sane

The right to keep and bear arms encompasses the right to own firearms in

the home

The right to burn the American flag was recognized in

Street v New York and Texas v Johnson

The 6th amendment requires jury verdicts to be based on

12 person unanimous juries

The right to legal counsel for indigent defendants was held in

Gideon v Wainwright

Hateful, racist, and sexist speech without threats is protected under the

1st amendment

The death penalty cannot constitutionally be imposed on

minors or persons with disabilities

Capital punishment cannot be imposed on adults for the crime of

adult or child rape

The right to privacy for a woman to get an abortion was recognized in

Roe v Wade

The Constitution protects intimate sexual conduct between

consenting adults in their own homes

The courts have recognized an exceedingly narrow right to passive, but not to

active euthanasia

Chimel v California 1969 established guidelines for

police regarding search incident to an arrest