Ch. 1 Flashcards

1
Q

Overarching Goal

A

one of the overarching goals that brings the components of the criminal justice system together is the promotion of justice.

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2
Q

Retribution

A

“eye for an eye,” paying debt to society

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3
Q

Procedural Justice

A

due process

was the process fair?

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4
Q

Due Process Clause

A

no person shall “be deprived of life, liberty, or property, without due process of law.”

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5
Q

The Process

A

investigation, arrest, pretrial, adjudication, sentencing, corrections

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6
Q

Investigation

A

gathering evidence (searches, 4th amendment), interviewing witnesses, pursuing suspects

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7
Q

Arrest

A

arrest warrant, probable cause, Miranda rights (miranda v. Arizona (1966), 5th & 6th amendment)

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8
Q

Pretrial Activities

A

initial appearance, preliminary hearing, information or indictment, arraignment

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9
Q

Adjudication

A

case goes to trial (evidence, guilt, determine sentencing)

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10
Q

Due Process

A

presumption of innocence, proof beyond a reasonable doubt, legal counsel, speedy trial, jury trial, defense witnesses, cross examination, protection against self-incrimination, protection against double jeopardy

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11
Q

Sentencing

A

criminal sanction, imposed by judge, sentencing guidelines

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12
Q

Corrections

A

carries out criminal sanctions (jail, prison, community corrections, fines, other sanctions, community service)

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13
Q

Measuring Crime

A

uniform crime report
national incident-based reporting system
national crime victimization survey
self-report studies

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14
Q

Uniform Crime Report - UCR

A

crimes reported to police, submitted to FBI, role of international association of chiefs of police, findings, categorizes crimes as part 1 and part 2 offenses, crime clock, clearance rate, crime trends, least desirable of the crime indicators

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15
Q

Part 1 Offenses

A

criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, arson

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16
Q

Part 2 Offenses

A

curfew loitering violations, disorderly conduct, DUI, drug abuse violations, drunkenness, embezzlement, forgery and counterfeiting, fraud, gambling, liquor laws, offenses against family and children, other assaults, prostitution and commercialized vice, sex offenses, stolen property, suspicion, vagrancy, vandalism, weapons, all other offenses

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17
Q

Criticisms of UCR

A

doesn’t include crimes not reported to police, hierarchical rule, mischaracterizing the crime problem, law enforcement agencies routinely underreport or overreport crime when completing monthly crime reports, doesn’t report in a timely manner, limited in the amount of data that is collected from police agencies

18
Q

Strengths of UCR

A

reports homicides, easily disaggregated by demographics, long term overall trends in crime, official police activity

19
Q

Weaknesses of UCR

A

not all police units participate, numbers can be cooked, underreports all crime, inaccurate arrest numbers at the individual level, social emphases can cause artificial increases or declines, increases in decline of police activity can influence numbers

20
Q

National Incident-Based Reporting System - NIBRS

A

administered by the FBI, created in the late 1980s, 57 offenses, distinguishes between attempted and completed offenses, hierarchical rule doesn’t apply, collects information about weapons used

21
Q

Offenses included in NIBRS - Group A

A

arson, assault offenses, bribery, burglary, counterfeiting/forgery, destruction/damage/vandalism, drug/narcotic offenses, embezzlement, extortion/blackmail, fraud offenses, gambling offenses, homicide offenses, kidnapping/abduction, larceny/theft offenses, motor vehicle theft, pornography/obscene material, prostitution offenses, robbery, sex offenses (forcible or non forcible), stolen property offenses, weapon law violations

22
Q

Offenses included in NIBRS - Group B

A

bad checks, curfew/loitering/vagrancy violations, disorderly conduct, driving under the influence, drunkenness, family offenses (nonviolent), liquor law violations, peeping tom, runaway, trespassing of real property, all other offenses

23
Q

Strengths of NIBRS

A

more detailed reporting than the UCR, distinguished between completed and attempted offenses, doesn’t use hierarchical rule

24
Q

Weaknesses of NIBRS

A

still relies on official police activity, numbers are more difficult to cook but it can still be done, underreporting of crime, influenced by social emphases and police activity

25
National Crime Victimization Survey
began in 1972, 24 page survey with questions and subquestions, information about household and personal victimization, stopped including businesses in the mid 1970s, phone interviews now used for follow up, funded by Bureau of Justices Statistics (BJS), collected by US Census Bureau, nationally representative sample of persons 12 and over in roughly 50,000 US households, survey items include victimization questions about: rape, sexual assault, robbery, vehicle theft, battery, burglary, the best of the crime indicators, gives the most true image of crime in the US, typically depicts rates of crime as stable, over the last ten years, the measure indicates crime has been falling
26
Strengths of NCVS
more accurate portrayal of criminal activity than official data, not influenced by official activity, shows crime trends since 1973
27
Weaknesses of NCVS
does not provide arrest information, cannot tell us about individual criminals, relies on memory and judgment
28
Self Report Studies
social scientists give questionnaires to subjects asking them to reveal their own participation in delinquent behavior, often conducted in schools, ISR's monitoring the future is one of the most frequently cited, studies demonstrate that delinquency is much more common than official data suggest, levels of delinquency remain fairly stable over time
29
Strengths of SRS
gives individual-level data about the attitudes, behaviors, and extent of involvement of individual delinquents, allows exploration of the processes involved in creating delinquency, some allow estimates of rates of participation in delinquency, provides data on private or non identified delinquency
30
Weaknesses of SRS
concerns about honesty, exaggerated reporting, recall about specific behaviors is difficult, often not representative samples, drug use may be the most underreported behavior
31
Defining Crime
legal definitions: a violation of law, product of legislative process, different criminal codes for each state along with a federal code
32
Moral Definitions of Crime
an act of immorality, malum prohibitum and malum in se, morals as "higher law", moral relativism
33
Sociological Definitions of Crime
emile Durkheim - crime and punishment serve a purpose beyond protecting the public, crime can't be understood simply by the acts that a society deems criminal society(ies) need crime - reinforce values and increase solidarity
34
Classifying Crime
severity of the offense - amount of harm done by crime, misdemeanors, felonies
35
Classification based on the victim
crimes against the person, crimes against property, crimes against public order, crimes against the state
36
Other ways to classify crime
street crime, white collar and corporate crime, environmental crime, hate crime, sex crime, war crime, cybercrime
37
Measuring Crime
police reports - UCR, NIBRS, issues: hierarchy rule, not every crime is reported, many crimes go unnoticed
38
Victimization surveys
NCVS, victimization surveys have weaknesses: victimless crimes, homeless populations ignores, underreporting of domestic violence
39
Perpetrator self-report studies
people voluntarily report the crimes, longitudinal study, honor system
40
The crime rate
dark figure of crime, crime drop over the last two decades
41
The politics of crime data
distort or misrepresent the crime data : financial gain, public relations