CJ Exam #1 Flashcards

1
Q

What is the Safe Streets and Crime Control Act of 1968?

-The LEAA

A

It was legislation (AN ACT or BILL) passed by the Congress of the United States and signed into law by President Lyndon B. Johnson during a time of a lot of protesters in the streets (Vietnam, civil rights movement). There were groups who were organizing to over throw the government. The assassination of President John F. Kennedy increased public alertness to the relative lack of control over the sale and possession of guns in the United States.

Congress finds that the high incidence of crime in the United States threatens the peace, security, and general welfare of the Nation and its citizens.

President Johnson passed this legislation to try and deal with the crime problem.

It established the Law Enforcement Assistance Administration (LEAA)

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2
Q

What are the three components of The Criminal Justice system:

A
  1. Law Enforcement*
  2. Courts*
  3. Corrections*
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3
Q

What is Evidence based Justice?

A

It is a justice system (our system) that requires evidence before and arrest or court. Nothing can be done without evidence.

THERE MUST BE EVIDENCE

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4
Q

What is exclusionary rul

A

Law that prohibits the use of illegally obtained evidence in a trial

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5
Q

Weeks vs US

A

Court case in which the court unanimously held that a warrantless seizure of items from a private residence is a violation of 4th amendment. (Also silver platter doctrine)

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6
Q

Mapp vs Ohio

A

Lady - 4th amendment. The beginning of exclusionary rule

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7
Q

Terry vs Ohio

A

was a decision by the US Supreme Court which held that the 4th Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”

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8
Q

Powell vs Alabama

A

the United States Supreme Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. 6th Amendment

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9
Q

Bets vs Brady

A

Special cases - right to an attorney 6th amendment

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10
Q

Gideon vs wainwright

A

is a landmark case in United States Supreme Court history.
6th Amendment
Right to an attorney
the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys.

Right to counsel

Felony = attorney

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11
Q

Argersinger vs Hamblin

A

is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.

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12
Q

Miranda vs Arizona

A

Right to remain silent - 5th amendment - they must be told their Miranda rights

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13
Q

Escobedo vs Illinois

A

If they ask for attorney, all questioning must stop.

6th amendment

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14
Q

The Wedding Cake model of justice

A

The Wedding Cake Model Theory was developed by Samuel Walker.

The theory divides the proceedings in the criminal justice system into four different categories:

celebrated cases,
serious felonies,
lesser felonies and
misdemeanors.

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15
Q

Crime control (model by herbert packer)

A

Heavy policing
Swift punishment
Consistent punishments
Same for everyone

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16
Q

Due process model (by Herbert packer)

A

Innocent until proven guilty

What we have in US

17
Q

Herbert packer

A

Came up with 2 crime models

  • crime control
  • due process model
18
Q

James Q Wilson

A

Believed in harsh and consistent punishments-

Importance of education right and wrong

“What works”

19
Q

Equal justice

A

Equal Justice USA (EJUSA) is a national organization that works to make the criminal justice system more fair, effective, and responsive by ending the death penalty, strengthening programs that help crime survivors address trauma and rebuild their lives, promoting constructive responses to violence, and enacting common sense criminal justice reforms.

20
Q

Restorative justice

A

a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.

Peacemaking

“Man and wife”

21
Q

Police ethics

A

The spirit of service is primary. The goal is to abide by the code of police ethics and be ideal protectors of the people, as expected by social contract theory. Under this paradigm, a criminal is viewed not as a member of a distinct group but as somebody from the neighborhood who has gone astray

Crime control/public service

22
Q

Court ethics

A

practitioners who work in the court also have the potential to act in an inappropriate or unscrupulous manner.

This is because, to varying degrees, court personnel such as prosecutors, defense attorneys, and judges have discretionary powers. When faced with ethical dilemmas, they can take decisions one way or the other, because moral obligations have finer shades

23
Q

Correctional ethics

A

The American correctional Association expects of its members unfailing honesty, respect for the dignity and individuality of human beings and a commitment to professional and compassionate service.

24
Q

The consensus view of crime

A

The Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively. A criminal justice model in which the majority of citizen in a society share the same values and beliefs.

25
Q

Conflict view

A

conflict view depicts society as a collection of diverse groups - owners, workers, professionals, students - who are in constant and continuing conflict. Criminal laws are created to protect the haves from the have-nots. In the conflict view, the definition of crime is controlled by wealth, power, and position and not by moral consensus or the fear of social disruption. Crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor.

Poor vs rich

26
Q

Interactionalist view

A

Labeling can be good. People live up to that

27
Q

Inchoate offense

A

Incomplete offense / attempt
Conspiracy (plan)
Accessories (before or after)

28
Q

Crimes against property

A

Burglary
Car
Fraud

29
Q

Crimes against persons

A

Homicide
Robbery
Assault
Battery

30
Q

Crimes against morality

A

Crimes against public decency and morality typically include not only prostitution, drug use, and gambling, but also pornography, obscenity, and various other consensual sex offenses—such as bestiality, deviate sexual realtions, lewdness, indecency, seduction, fornication, adultery, and bigamy.

31
Q

How do we measure crime?

A

UCR The Uniform Crime Report

32
Q

8 index crimes

A
Murder 
Rape
Robbery
Assault
Burglary
Theft
Motor vehicle theft
Arson
33
Q

Who came up with conflict theory

A

Karl Marx

34
Q

What is due process of law

A

Duties of government or justice system (specific)

35
Q

Mama in say

A

Bad in themselves

36
Q

Malta prohibits

A

Bad because government says so

37
Q

Case law

A

Someone has challenged law

38
Q

Probable Cause Definition

A

That information or knowledge that would lead a reasonable prudent person to believe that a crime has been committed, is being committed, our is about to be committed.