ACAT Justice Studies Flashcards
One of the criticisms of corrections is they don’t work as evidenced by the figures on
recidivism
The first “big house” or prison reformatory in the United States was in
Elmira, New York
The notions of reform and forgiveness underlie corrections today as they did in the
18th century
The changing world of the death penalty is primarily on the
state level
The greatest impact towards reform in corrections has been induced by the
judicial branch
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.
In recent years, correctional ideology has tended toward
treatment or rehabilitation
A prisoner has the right to attend the worship service of their choice based on the
1st amendment
What is the most important factor to the deterrence of crime?
Certainty
The Justice Model of corrections advocates
just deserts in punishment theory
Boot camps, house arrest, intensive supervised probation, electronic monitoring, and restitution are called
intermediate sanctions and punishments
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
The ideas of reform and solitude for the process of reformation began with the
Walnut Street jail
The racial group most likely to be victimized by crime within the United States are
Blacks
Crime within the United States is largely but not exclusively an
Urban Phenomenon
Data show that the U.S. has the highest rate of ____________ among industrialized nations
violent crime
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
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
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
In highlighting violent crime in the United States, the media coverage has often lead to
unreasonable fear on part of the general public
One of the problems that both police and prosecutors face is criticism of their
discretionary power
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
The components of the criminal justice systems are found at the
federal, state, and local levels
The period since the 1960s in the United States has been on of
increasing public fear of crime
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
