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Cjus 340 > chapter 6 > Flashcards

chapter 6 Flashcards

1
Q

How is Administrative discretion exercised (provide examples)

A

Exercised in determining the role orientation of the agency…..

Ex: disciplinary process; recruitment; training; structuring of work as ways of controlling officer discretion.

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2
Q

How is Enforcement Discretion Exercised (provide examples)

A

By making variety of decisions such as enforcing laws; provide services, maintain order.

Ex: investigate crimes; stop and search; arrest or detain; refer cases to prosecutor attorney for the filling of formal charges

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3
Q

Which variables have been found to influence officers discretion in the discretion in the decision to arrest?

A
  1. Offender variables
  2. Situational Variables
  3. System Variables
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4
Q

What do the judge mental and contextual aspects of discretion refer to ?

A

Judgement refers to wether discretionary decisions should be made.

Context refers to the facts of the situation which is important because all situations are different.

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5
Q

What percentage of women murdered in the US are murdered by husbands or boyfriends ?

A

On average 30%

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6
Q

Domestic Violence Side Note

A

Historically, arrest was the least used alternative in domestic violence situations. Police officers viewed domestic quarrels as private affairs that would, in all likelihood, only be made worse by official intervention and by processing the parties through the criminal justice system.u

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7
Q

Explain the Minneapolis Domestic Violence Experiment, findings and impact ?

A

Officers were required to randomly select one of three options to resolve misdemeanor level family violence cases: Arrest, Mediation or Requiring offender to leave home for an 8hour period.

Those tho we’re not arrested committed almost twice as many subsequent assaults on their victims as did those who were arrested.

The study concluded with the finding that arrest alone produced a deterrent effect

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8
Q

What did replication studies of the MDVE find ?

A

Effect on arrest is small and limited compared with suspects age and prior criminal record on likelihood of repeating offending

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9
Q

What does the evidence suggest about the effectiveness of mandatory arrests in reducing violence ?

A

Police are still less likely to arrest in domestic assault cases more than non-domestic cases

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10
Q

What are the problems associated with the enforcement of vice laws?

A
  1. The laws are almost unenforceable
  2. There is no uniformity in the manner in which vice laws are enforced
  3. Vice laws encourage illegal activities by police officers
  4. Enforcement of vice laws encourage police corruption
  5. Enforcement of vice laws is extremely time consuming and expensive
  6. Vice laws encourage organized crime.
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11
Q

What are most vice arrest for ?

A

Drug violations

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12
Q

What are police two objectives when dealing with prostitutes ?

A
  1. The police enforce prostitution laws in an effort to control it.
  2. Police are responsible for investigating and preventing crime associated with prostitution
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13
Q

What are the different types of prostitution ?

A
  1. Street walkers
  2. Bar or club girls( b-girls)
  3. Brothels or houses of prostitutions
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14
Q

Street walkers

A

Are commonly found in a city’s vice or drug district .

-they work out of Alleys, stairwells, cars, and cheap “hot sheet” hotels.

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15
Q

Bar or Club Girls (B-Girls)

A

Work in bars, restaurants, and taverns, most often with the consent of management .

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16
Q

Brothels, or Houses of Prostitution

A

Where clients can choose a specific type of sexual service and partner.

Many brothels have Ben replaced by escort services, massage parlors, photographic studios, or tanning operations.

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17
Q

What are the tactics that police have used to deal with prostitution problems ?

A

Reverse stings to arrest clients.

  • reverse prostitution stings sometimes referred to as operations, crackdowns, John stings, and round ups, have been conducted in many urban areas.
18
Q

What is the Significance of the Mann Act (1911)?

A

Made it illegal to transport women across state lines for purposes of prostitution

19
Q

How does the Trafficking Victims Protection Act Define human Trafficking ?

A
  1. Sex Trafficking: in which a commercial sex act is induced by force, fraud, or coercion, or has not attained 18years of age .
  2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage , or slavery
20
Q

What standards were established for the enforcement of obscenity laws in Miller V. California (1973)?

A
  1. The average person applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interests.
  2. The work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law.
  3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value .
21
Q

Describe the History of legal protection from sexual exploitation for children in the US?

A

As late as the 1880s in the United States the age of consent for girls was just 10years.

First federal law concerning child pornography was passed in 1978.

1977 only two legislature states banned

22
Q

How many people have been prosecuted in the US for online gambling?

A

Fewer than 25 people

23
Q

To what extent to local police departments enforce gambling laws and why ?

A

Because most gambling offenses are misdemeanors and substantial effort is required to investigate gambling, police departments are not willing to devote the resources necessary to control it

24
Q

What problems do undercover operations present for police departments?

A

Engaged in illegal acts; use of informants; potential for corruption; creates social / psychological problems for officer; can create more crime.

25
Q

What are hate crimes ?

A

Crimes that manifest evidence of prejudice based on certain group characteristics

26
Q

What is the rationale for police involvement in hate crimes?

A

One of their primary roles is the enforcement or reinforcement of community values.

27
Q

How have police departments dealt with the homeless?

A

Have developed strategies or programs such as promoting permanent housing, regulating homeless camp sites, install public toilets, opening day centers, and encouraging private property owners to secure vacant lots and other areas used by the homeless

28
Q

What did Teplin (1986) find regarding police handling of the mentally ill ?

A

Police tended to use informal dispositions, such as calming the person down or taking them to their homes in 72% of the cases; they made an arrest in 17% of the cases and used a civil commitment in 12% of the cases.

29
Q

Identify and explain internal control mechanisms used to control police discretion

A

Police policies and procedures have been created to guide officers in situations where they might need assistance and control of what officers do. It is also to ensure police officers are not abusing their discretion or authority by issuing an adequate process for the investigation of citizens complaints

30
Q

Identify and explain external control mechanisms used to control police discretion

A

It is achieved through civilian review boards in which is controlled by the citizens; legislative oversight and control; or the court system.

31
Q

True or False : the judge mental context of discretion refers to wether discretionary decisions should be made.

A

True

32
Q

True or false : all crimes against minorities are hate crimes?

A

False

33
Q

True or False: In the US, children have always been provided legal protection from sexual exploitation

A

False

34
Q

True or false : Vice laws constitute a large portion of police Enforcement activities?

A

False the only constitute a small portion

35
Q

True or false: In Miller Vs California (1973) The court established standards for determining obscenity which included consideration of whether; the work, taken as a whole , lacks serious literary, artistic, political, or scientific value

A

True

36
Q

True or false : The police have one objective when dealing with prostitution to eliminate it ?

A

False they have two

37
Q

True or false: In handling mentally ill people, Teplin (1986) found that police most frequently use arrest .

A

False

38
Q

True or false: Almost all research indicates that the most significant factor affecting an officers discretion in the decision to arrest is the age of the suspect

A

False (depends on the seriousness of the offense)

39
Q

True or False: fewer than 25 people have ever been prosecuted in the United States for online gambling ?

A

True

40
Q

True or false : Investigation of civilian complaints by an Internal Affairs Unit is an example of external control mechanism used to control police discretion

A

False

Cjus 340 (4 decks)

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