all Flashcards
Three major components of the CRJ system?
•Police (LARGEST)
• Corrections
•Courts
1st Amendment
Freedom of speech, religion, press, assembly, and petition.
4th Amendment
Protection from unreasonable search and seizure.
5th amendment
Protection from double jeopardy, self-incrimination, and the seizure of property with due compensation.
6th amendment
Right to a speedy trial by jury, to be informed of criminal charges, and to confront witnesses.
8Th Amendment
Prohibition of excessive bail, fines, and cruel or unusual punishment.
Whether “deviant acts” are always criminal acts?
No, Deviant acts are not always criminal acts.
Who has the burden of proof in a criminal trial?
The prosecution
What is the burden of proof in a criminal trial?
The prosecutor must prove the case to the jury beyond a reasonable doubt.
What is the burden of proof in a CIVIL trial?
By a preponderance of evidence, indicating that their claims are more likely true than not.
What the recent First Step federal sentencing law (2018) accomplished?
Takes several steps to ease mandatory minimum sentences under federal law. Allows for more discretion in federal sentencing.
What are “houses of refuge”?
For children who were not hardcore criminals. Designed to save the child from a life of crime through proper guidance and education.
Once a case is accepted to review by the U.S. Supreme Court, what is the document issues by the court that requests the record of the case from the lower courts?
Writ of Certiorari
What was the name of the U.S. Supreme Court case from the 1970s that suspended all death penalty executions in the United States?
Furman V. Georgia
What is the name of the process of transferring cases from the jurisdiction of the juvenile court to the jurisdiction of the adult criminal court?
Judicial Waiver process
What is due process model?
An Obstacle Course.
The individual is more important than many (society as a whole)
It makes the process slower.
What is the crime control model?
An Assembly line
Our justice system must be sped up and become more efficient. Quicker trial and impose the proper punishment to make society safer
What is the difference between delinquency and status offenses for juveniles?
Delinquency is serious (a criminal act)
Status offenses is a warning (not a criminal act)
Which side presents first in a criminal trial?
The prosecution
Name of the first penitentiary in America?
Walnut Street Jail
Who was the “Father of Probation”?
John Augustus
What is Probation?
A common form of sentencing where a jail or prison sentence is suspended by the judge, and the convicted person is placed on a period of community supervision by a P.O, instead of serving time.
What is Parole?
When a criminal offender is conditionally released from prison to serve the remaining portion of their sentence in the community under the supervision of a parole officer.
A privilege, not a right.
Decision is made by a parole board.
What is determinate sentencing?
A fixed term sentencing.
What is a indeterminate sentencing?
A sentence that provides for a range of time.
What is mandatory sentencing?
Sentencing are offense specific, not offender specific.
EX. Three strikes law
What is Concurrent sentencing?
The defendant will serve each of separate sentences at the same time.
What is Consecutive sentencing?
The defendant will each of separate sentences one after the other.
What is General Deterrence?
States the general public will not commit crimes due to a fear of getting caught, prosecuted and significantly punished.
What is specific deterrence?
Using punishment to prevent a known deviant (a specific individual) from committing future crime or that if a criminal receives enough punished for committed an act, that criminal will not commit that act again.
Do all states use parole boards?
No.
What is venire?
Prospective jury panels are summoned and they form the VENIRE
What is the Voir Dire?
The questioning of the jurors is called the VOIR DIRE
Term of the type of evidence which shows that an accused defendant is NOT guilty.
Exculpatory
What is Mala in Se ?
Behaviors that are immortal or wrong in themselves
Murder, rape, theft
What is Mala prohibita?
Behaviors that are only illegal because the government says they are
(Drug use, prostitution, illegal gambling)
When must the Miranda Warning be given to an accused person?
During interrogation
Who founded the classical theory of criminology?
Cesar Beccaria
What is the name for the administrative hearing used to determine if there is probable cause to hold an adult probation or parole violator in custody pending a revocation hearing
Preliminary Inquiry hearing
What is the name of the old rule within the UCR that counted only the most serious crimes and ignored all others that may have occurred at the same time
Hierarchy Rule
Of these three, what is the most common type of prison: minimum security, medium security, maximum security
Medium security
What is a Justification?
A legal defense in which the defendant admits to committing the act (crime) in question, but claims it was necessary in order to avoid some greater evil.
Self- Defense
Defense of other/property
Necessity
What are legal excuses?
Infancy (age)
Entrapment
Insanity
What is an alibi defense?
A contention by an individual charged with a crime, that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that was impossible.
What is the definition of probable cause?
It is more likely than not that the person being arrested committed the crime that they are being arrested for.
What is reasonable suspicion?
The officer must be able to articulate facts supporting that the suspicion was reasonable.
What happens during the booking jail process?
File of arrest reports, takes fingerprints, Mug shot, obtain personal information of suspect.
What does “DISCRETION” mean in CRJ ethics?
The authority that police officers have to use their individual judgement concerning decisions that they must make on a daily basis.
Is abuse of discretion a current ethical issues in the U.S. ??
Yes
The name for the code of silence among police officers?
Blue curtain
Blue wall of silence
What is the name of the stage in a criminal justice process where a defendant appears for the first time before the court that had jurisdiction to conduct the trial?
Arraignment
What is the purpose of the Preliminary hearing and Grand jury?
It’s a pretrial hearing procedure, to determine if there was probable cause to justify the arrest.
What is the name of the charging document issues by a Grand Jury?
Indictment or True bill
Age of a juvenile offender
Anyone under 18
What is the age limit for the death penalty?
18
What is the name for the trial court in the federal court system?
The federal district court
