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CRJ > Crj Final > Flashcards

Crj Final Flashcards

1
Q

Define Graft

A

Bribery, gains to illicit politics and business

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2
Q

Define gratuity

A

FREE SHIT

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3
Q

Situational model

A

Crime prevention

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4
Q

Noble cause corruption

A

“Ends justify the means”

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5
Q

Brown vs Mississippi

A

Involuntary confession cannot be used

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6
Q

Frank Serpico

A
  • NYPD police officer that blew the whistle on police corruption
  • Established Knapp Commission
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7
Q

Serpico the movie

A
  • Experienced retaliation and was shot in the face before he could testify
  • Left department for 10 years but now gives speeches
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8
Q

Examples of common police corruption

A
  • Theft, Sale of information, Sale of drug evidence, Fabrication of police evidence, Bribery scandals known as “slush funds’, Drug scandals where officers accept bribes and conspire with smugglers or dealer
  • Kickbacks, opportunistic theft, shakedowns, internal payoffs, fixes (quashing tickets), protection of illegal activities
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9
Q

Grass eaters

A

Accepting bribes, gratuities, and unsolicited protection money

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10
Q

Meat eaters

A

Shakedowns, “shopped” at burglary scenes and engaged in more active deviant practices

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11
Q

Police abuse of authority: 3 areas

A
  • Physical abuse: excessive force, physical harassment
  • Psychological abuse: disrespect, harassment, ridicule, intimidation
  • Legal abuse: unlawful searches or seizures, manufacturing evidence
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12
Q

What is a gratuity? Examples of common police gratuities

A
  • FREE SHIT

- Free coffee in convenience stores, half-price meals, half-price dry, and free movie/sports tickets

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13
Q

What are arguments for gratuities

A

They build community relations, give business police protection, every occupation has its perk, compensate police for poor pay

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14
Q

What are arguments against gratuities

A

-Police are professionals and professionals don’t take gratuities, gratuities are initial corruptors because people expect different treatment, are an abuse of authority and create a sense of entitlement, add up to substantial amounts of money, can be the beginning of more serious forms of corruption, are a type of fee-for-service for public functions already paid for through taxes, and gratuities create a public perception that police are corrupt

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15
Q

What is professional courtesy?

A
  • Practice of not ticketing an officer who is stopped for speeding or for other driving violations
  • Under deontological ethics (duty & obligation) it is the officer’s duty to enforce the law
  • Under utilitarianism, the speeding officer could cause an accident; the helpfulness for society is greater if a ticket is issued
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16
Q

Graft … What is it?

A
  • Exploitation of one’s role by accepting bribes or protection money, or kickbacks
  • Also applies to bribes from defense attorneys, bail bond companies, tow truck companies, etc
  • Bribes rated in one study as second most serious ethical wrongdoing (after theft from burglary scene)
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17
Q

“Individual” police corruption

A
  • “Rotten-apple” argument (officer was deviant before hiring)
  • Development of a police personality (officer became deviant after hiring)
  • Possible predictors: gender, age, education, race, military experience, academy performance, prior history of wrongdoing
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18
Q
  • What are strategies for reducing police corruption?
A
  • TARGET: Screening & recruiting process; training
  • Increased pay, improve training, improve leadership, eliminate unenforceable laws, establish civilian review boards, set realistic goals and objectives, provide ethical leadership, provide a written code of ethics, provide a whistle-blowing procedure that ensures fair treatment for all parties, provide training in law enforcement ethics
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19
Q

Internal Affairs Model

A

Police investigate themselves, police use an internal discipline system, widely seen as ineffective, may discourage civilian complaints, does not evoke public confidence

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20
Q

Civilian Review/Complaint Model

A

An independent civilian agency audits complaints and investigations, police still investigate and conduct discipline proceeding, using departments receive more civilian complaints, internal and external substantiation rates about the same -approximately 10%

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21
Q

What is law?

A
  • Formal written rules of society
  • It is a written description of society’s ethics and morals
  • Laws are said to be declarative, as well as active- they declare correct behavior and serve as a tool for enforcement
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22
Q

Natural law

A

Laws inherent in the natural world that can be discovered by reason; use of reason to analyze nature

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23
Q

Positive law

A

Laws written and enforced by society; statutory law and case law

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24
Q

Good Samaritan Laws

A

Legislation that prohibits passing by an accident scene or witnessing a crime without rendering assistance

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25
Q

What is the major justification for criminal law

A

Prevention of harm, under the social contract theory, law is a contract, each individual sacrifices certain freedoms in exchange for the protection of society

26
Q

Consensus paradigm

A

Society is a community of like-minded individuals who agree on goals and that societal laws reflect the majority view

27
Q

Conflict paradigm

A
  • Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest
  • The idea groups in society have fundamental differences and that those in power control societal elements including law
28
Q

Pluralist paradigm

A
  • society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change
  • The concept that there are many groups in society and they form allegiances and coalitions in a dynamic exchange of power
29
Q

What is bureaucratic justice?

A

Bureaucratic efficiency is the goal of justice, presumptions of guilt (plea bargaining)

30
Q

Defense attorneys

A

PROTECT THE CITIZENS RIGHTS
Many defense attorneys began their career as a prosecutor, if an attorney cannot make the transition from prosecution to defense it is difficult to offer an enthusiastic defense, defense attorneys are often in the position of defending clients they known are guilty, a lawyer is supposed to assist clients without regard for personal preference or interest, people with unpopular causes and individuals who are obviously guilty still serve counsel

31
Q

Plea bargaining

A

Is considered by most to be efficient and probably inevitable, if not exactly “right,” makes sense if the goals of the system are crime control or bureaucratic efficiency, is harder to justify if the goals of the system are due process and protection of individual rights

32
Q

Jury selection consultants

A

In recent years trial tactics have developed “scientific” jury selections, the primary purpose of hiring a jury consultant is to help uncover hidden bias of potential jurors, the job of jury consultants is to give attorneys the criteria necessary for the ideal jury for their clients and to assist in determining what biases do not fit that criteria

33
Q

Jury consultants

A

Preparing witnesses, assisting with mock trials, developing desirable juror profiles, conducting phone surveys on public attitudes about a case, analyzing “shadow juries”, giving advice on effective posture, clothing choice, and tone of voice

34
Q

Contributions to plea bargaining

A

Heavy caseloads, limited resources play a role, legislative over-criminalization, individualized justice, legal problems of cases (i.e. legal errors), allow focus on most serious cases

35
Q

Judicial discretion

A
  • 2 major areas
  • Interpretation of the law and sentencing

-Interpretation includes: ruling on admissibility of evidence, ruling on objections during trial, writing critical jury instructions

36
Q

Exclusionary Rule

A

A fair society can’t accept a conviction based on tainted evidence, thus, illegally obtained evidence can’t be used at trial

37
Q

Sentencing

A
  • Sentencing inconsistencies occur between individual judges in the same community
  • Controversy and recent court decisions regarding Sentencing Guidelines illustrates importance of judicial role in preserving due process
38
Q

What is defense attorney misconduct? Examples of?

A
  • Regarding retained counsel, clients complain they are not getting what they paid for regarding legal representation
  • Common Complaints: phone calls not returned, not kept informed about progress of case, and lack of effort in the case after payment has been made
  • Use of alcohol and/or illegal drugs during trial, encouraging the defendant to wear the same clothes described by the victim, admitting they didn’t know the law or facts of the case, bribing witnesses, allowing the client to commit perjury, encouraging the client to manufacture an alibi
39
Q

What is prosecutorial misconduct? Examples of?

A

-Leading witnesses, referring to illegal evidence, non-disclosure of evidence to defense counsel, this happens when prosecutors forget their mission to seek justice and protect due process, but become obsessed to obtain a conviction at “all costs”

40
Q

Know that failure to disclose evidence is the most common charge leveled against prosecutors

A

Know that failure to disclose evidence is the most common charge leveled against prosecutors

41
Q

What was Operation Greylord?

A

-Federal investigation of public corruption in Cook County

42
Q

Innocence Project - What do they do?

A

Identifies and helps those who appear to have been wrongly convicted, estimate up to 15% of persons convicted are innocent
-Our Criminal justice system is only as good as the individuals who make the decisions

43
Q

Confirmatory bias

A

Human tendency to confirm instead of disconfirm

44
Q

Explanations of prosecutor misconduct

A
  • The office of the prosecutor is one of the least scrutinized in the criminal justice system
  • They do not receive as much scrutiny as law enforcement and the courts
  • Prosecutors are often hidden from the public’s view as they make decisions as to who the prosecute and what to offer in the plea bargaining process
45
Q

Interpretationist

A

Liberal Judges - supports rights that the framers might have recognized or that probably should be recognized due to “evolving standards”

46
Q

Discretion

A

Criminal Justice official use their own judgment to decide the best course of action

47
Q

Principle of the Golden Mean

A

Median between extremes of character

48
Q

Supererogatories

A

Act goes beyond the call of duty; not necessarily good or bad

49
Q

Utilitarianism

A

Self-indulgent; maximize pleasure, avoid pain

50
Q

Ethical Formalism

A

Good will (motivation); duty is required behavior; self-imposed

51
Q

Ethics of Care

A

Based on human relationships and need; human response to care for a newborn child, the ill; needs to rights

52
Q

Due process

A

Law is a system of rules

53
Q

Procedural justice

A

Laws and procedures to safeguard against error; steps taken to determine guilt as well as punishment

54
Q

Distributive justice

A

Measurement should be used to divide society’s resources; welfare, free schooling, affirmative action

55
Q

Corrective

A

Punishment should fit the crime

56
Q

Substantive Justice

A

“Just deserts”; “fair” punishment

57
Q

Retributive Justice

A

Balance; vengeance-oriented form

58
Q

Restorative Justice

A

Compensation over retribution

59
Q

Discretion at every phase of the criminal justice system

A

Crime-> Investigation-> Arrest -> Booking -> Initial appearance-> Preliminary-> Arraignment-> Trial or Plea-> Court orders-> Sentencing -> Appeals. Then it splits to Prison or Probation. Prison or Death -> Release to community

60
Q

Joe Pistone

A

FBI Agent-Donnie Brasco

Truck hi-jacking ring

CRJ (1 decks)

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