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American Criminal Justice System > ACJS Midterm > Flashcards

ACJS Midterm Flashcards

1
Q

The public’s concern with crime rises and falls in step with

A

Media reporting

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2
Q

The various components of the ACJS

A

Police, courts and corrections

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3
Q

Within the 20th century, this evolved as an approach to criminal reform

A

Community policing

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4
Q

According to existing data, Americans are in most fear of:

A

Murder, assault and rape

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5
Q

Two types of terrorism that exist

A

Domestic and foreign

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6
Q

18 steps to processing a crime

A 
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
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7
Q

Criminal Law

A

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

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8
Q

Civil Law

A

involves litigation against another person for private wrong. Damages are monetary and meant to make whole. Burden of proof is a preponderance of evidence.

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9
Q

What is socialization

A

Learning / internalizing societal norms

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10
Q

Substantive criminal law is concerned with

A

acts, mental states and accompanying circumstances or consequences that constitute features of crimes

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11
Q

In US criminal procedure, due process means that the accused in criminal cases must be afforded:

A

rights and protections

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12
Q

The goal of the criminal control model is to

A

Repress crime

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13
Q

What is the most fundamental function of the SCOTUS?

A

Judicial review

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14
Q

4 Standards / levels of proof that exist in ACJS and difference for criminal/civil

A 
asking questions / investigatory stop
reasonable suspicion
probable cause
Criminal: beyond reasonable doubt
Civil: preponderance of evidence
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15
Q

Definition of culpable mental state:

A

Mens rea / guilty mind

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16
Q

4 culpable mental states as defined in NY

A

intentional
Knowingly
Reckless
Criminal negligence

17
Q

TN vs. Gardner the court decided use of deadly physical force must be reasonable. What are the two elements / variables for reasonableness?

A

Necessary to prevent felon’s escape

The felon threatens death or serious bodily harm during the escape itself

18
Q

Agular Spinelli 2-prong test requires 2 considerations for using info from confidential informant

A

Reliability of informant

Credibility of info

19
Q

Six exceptions to search warrant (emergency exceptions)

A 
Search incident to a lawful arrest
Automobile exception
Plain view exception
Stop and Frisk exception
Consent
Exigent circumstances
20
Q

8 Major index crimes in hierarchy order

A 
Murder
Forceable rape
Robbery
Felonious assault
Burglary
Grand larceny
Grand larceny auto
Arson - not NYPD
21
Q

Upon successful completion of police academy new officers are assigned to

A

a field training officer while on probation

22
Q

Police misconduct

A

action that is a breech of public trust

23
Q

Police corruption

A

anything illegal or criminal

24
Q

Justices of SCOTUS serve or

A

life or good behavior

25
Q

What is a pre-trial motion?

A

application made to court/judge prior to trial requesting an order or ruling in favor of applicant

26
Q

What is plea bargaining?

A

agreement that allows defendant to plead guilty to a lesser charge in exchange for leniency

27
Q

Crime control model definition, function, how it operates

A

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

28
Q

Due process model definition, function, how it operates

A

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

American Criminal Justice System (2 decks)

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