ACJS Midterm Flashcards
The public’s concern with crime rises and falls in step with
Media reporting
The various components of the ACJS
Police, courts and corrections
Within the 20th century, this evolved as an approach to criminal reform
Community policing
According to existing data, Americans are in most fear of:
Murder, assault and rape
Two types of terrorism that exist
Domestic and foreign
18 steps to processing a crime
Report Pre-arrest investigation Arrest Booking Post-arrest investigation Decision to charge Filing complaint Arraignment Preliminary hearing Grand jury review Filing indictment Arraignment on indictment Pre-trial motions Criminal trial Sentencing Appeals Post-correction remedies (time served/parole) Parole or probation revocation hearing
Criminal Law
crime is committed against safety and order of state; state is the victim. Penalty is removal from free society. State must prove beyond reasonable doubt
Civil Law
involves litigation against another person for private wrong. Damages are monetary and meant to make whole. Burden of proof is a preponderance of evidence.
What is socialization
Learning / internalizing societal norms
Substantive criminal law is concerned with
acts, mental states and accompanying circumstances or consequences that constitute features of crimes
In US criminal procedure, due process means that the accused in criminal cases must be afforded:
rights and protections
The goal of the criminal control model is to
Repress crime
What is the most fundamental function of the SCOTUS?
Judicial review
4 Standards / levels of proof that exist in ACJS and difference for criminal/civil
asking questions / investigatory stop reasonable suspicion probable cause Criminal: beyond reasonable doubt Civil: preponderance of evidence
Definition of culpable mental state:
Mens rea / guilty mind
4 culpable mental states as defined in NY
intentional
Knowingly
Reckless
Criminal negligence
TN vs. Gardner the court decided use of deadly physical force must be reasonable. What are the two elements / variables for reasonableness?
Necessary to prevent felon’s escape
The felon threatens death or serious bodily harm during the escape itself
Agular Spinelli 2-prong test requires 2 considerations for using info from confidential informant
Reliability of informant
Credibility of info
Six exceptions to search warrant (emergency exceptions)
Search incident to a lawful arrest Automobile exception Plain view exception Stop and Frisk exception Consent Exigent circumstances
8 Major index crimes in hierarchy order
Murder Forceable rape Robbery Felonious assault Burglary Grand larceny Grand larceny auto Arson - not NYPD
Upon successful completion of police academy new officers are assigned to
a field training officer while on probation
Police misconduct
action that is a breech of public trust
Police corruption
anything illegal or criminal
Justices of SCOTUS serve or
life or good behavior
What is a pre-trial motion?
application made to court/judge prior to trial requesting an order or ruling in favor of applicant
What is plea bargaining?
agreement that allows defendant to plead guilty to a lesser charge in exchange for leniency
Crime control model definition, function, how it operates
Goal is to repress crime through an efficient administrative process in which more power given to police to make discretionary decisions. Republican, police and prosecution supported. Example: war on drugs or crime
Due process model definition, function, how it operates
Goal is to preserve individual liberties through a reliable, adversarial courtroom process. Democrat, court and defense attorney supported. Example: right to know charges against them and right to counsel. More geared towards rehabilitation
