Chapter 3 Flashcards
Is Congress trying to expand the powers of the FBI?
Yes
Do defendants who win appeals typically go free?
No
What are the most common violations of criminal law at the federal level?
Drug offenses
About what percentage of offenders are supervised in the community?
68%
Are minorities subjected to much higher rates of incarceration than white majority?
Yes
Are criminal justice agencies dependent on others for funding?
Yes
Is doing justice a goal of criminal justice?
Yes
Because police usually observe the crime that occurs, they are at an advantage in being able to quickly arrest offenders?
No
In the criminal justice system, do all cases undergo the same process and receive equal attention?
No, as cases in level 4 are treated much differently than level 1 cases as speed is prioritized with discretion.
In the US is it true that the law can be interpreted differently in various states?
Yes, due to the dual court system and discretion.
Know the wedding cake model
Layer 1; celebrated cases, highly unusual, jury trial. Layer 2; serious felonies, prepare for trial but many get plea bargained. Layer 3; lesser felonies, offenders may have no record, officials want to dispose quickly. Layer 4; misdemeanors, about 90% of all cases, “garbage” handled by lower courts.
Is plea bargaining an example of an exchange relationship in the criminal justice system?
Yes
In the American criminal justice system do most cases proceed all the way to trial?
No
Which level of government administers prisons, jails, and other correctional facilities?
Local, state, and federal
Know the difference between probable cause and reasonable suspicion
Probable cause; Reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime. Reasonable suspicion- A police officer’s belief, based on articulable facts, that criminal activity is taking place, so that intruding on an individual’s reasonable expectation of privacy is necessary
Which agency is best to pursue criminal investigations across state borders?
The FBI and other federal agencies.
Arrest
The physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense. Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.
Warrant
A court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises
Indictment
A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney
Information
A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing.
Adjudication
The process of determining whether the defendant is guilty or not guilty
Booking
When the suspect is taken to the police station to make a record of the arrest, including their fingerprints, photograph, interrogation, and a line up by the victim or witness, they may also be read their rights, and bail may be set
What happens to the suspect at the initial appearance before a judge
The suspect is given notice of their charges, told their rights, and the judge will set bail based on the charges, and determine whether there is enough evidence to continue prosecution.
How much greater is the incarceration rate for African Americans as compared to whites?
The incarceration rate is 6 times that of whites