crju final Flashcards
what occurs at an arraignment?
the judge states the charges and the defendant enters a plea
which perspective of the criminal justice system emphasizes control of dangerous offenders and the protection of society through punishment as a deterrent to crime?
crime control
How is a case “cleared” by the police?
an arrest
What is classical theory?
Crime is a free-will decision to make a criminal choice
What is the interactionist theory?
The view that criminal law reflects the preferences and opinions of people who hold social power in the society and use their influence to impose their own values and moral code on the rest of the population.
What is the biological theory?
assumes that some people are born criminals
What is the psychological theory?
centers on a person’s early childhood experience and how it influences the likelihood for committing crime
What is the social structure theory?
suggest that people’s place in the socioeconomic structure influences their chances of becoming a criminal
What is the social control theory?
Maintains that everyone has the potential to become a criminal but that most people are controlled by their bonds to society.
What is the basis of strain theory?
certain stressors increase the likelihood of crime leading to negative emotions of frustration and anger.
What is developmental theory?
Life course theories suggest that events take place over the life course to influence criminal choices.
What is rational choice theory?
A calculated decision made after a motivated offender weighs the potential costs and benefits of illegal activity.
The convicted offender is required to comply with a set of conditions. Failure to comply results in possible incarceration in jail. This describes____
probation
What circumstances excuse a defendant from the death penalty?
under 18, severe mental illness, intellectual disabilities,
Within a police department, who is primarily responsible for “order maintenance”?
chief of police
What will determine whether the office will be punished for excessive force?
How will a suspect successfully invoke their right to counsel during a custodial interrogation?
ask for a lawyer
What is cross examination?
the questioning of a prosecution witness by the defense, or of a defense witness by the prosecution.
What is direct examination?
The initial questioning of one’s own witness during the trial
What should the police do if a suspect chooses to remain silent during a custodial interrogation?
they can stop investigating but can ask for suspect to waive their rights. but usually nothing.
What is the name of the Iowa trial court?
district court
What is the difference between jail and prison?
Jail: a correctional facility designed to hold pretrial detainees and misdemeanors serving their criminal sentence
Prison: a correctional facility designed to hold convicted felons while they serve their criminal sentence.
What are the strengths and weaknesses of the Uniform Crime Reports?
+ specific details, anyone can access it, reviews hate crime stats
- voluntary details, does not include all crimes, no info about criminals
How are criminal defendants classified for purposes of prison placement?
level of security and supervision needed.
Which offenders are housed in prison?
A sentence of a year or more
what is the difference between probation and parole?
Probation: a sentence entailing the conditional release of a convicted offender into the community under the supervision of the court subject to certain conditions for a specified time.
Parole: the early release of a prisoner from imprisonment subject to conditions set by correctional authorities
Who determines whether co-defendants are tried together or separately?
prosecution
What are the two basic elements of a criminal offense?
unlawful act (actus reus) and mental state at the time of the crime (mens rea)
What information is used by a court in determining the appropriate sentence?
criminal record, age, if the defendant feels remorse, circumstances of why the crime was committed
What are the roles/duties of the first officer at the scene?
(1) determine if the victim is dead or alive (2) apprehend the perpetrator (3) safeguard the scene
What information will be the most helpful in solving a violent crime?
DNA
What pieces of information would be the most useful in determining who was responsible for this crime?
security camera, DNA, fingerprints, direct evidence
What is the consequence of violating a criminal defendants constitutional rights during the seizure of evidence?
it would not be able to be used against the defendant at the trial
What are the goals of punishment in the criminal justice system?
retribution
rehabilitation
deterrence
incapacitation
restoration
What are the three main components of the criminal justice system?
police
courts
correction
What are the steps in the formal criminal justice process?
arrest
initial appearance
preliminary hearing
arraignment
pleas
jury selection
trial
What is the difference between an indeterminate and determinate sentence?
indeterminate: where the sentencing court establishes a minimum and maximum term of imprisonment.
determinate: where the court sets a fixed length for the prison sentence.
What is accomplished through “Truth-in Sentencing”?
to abolish or curb parole so that convicts serve the period in which they have been sentenced
What are the responsibilities of the prosecutor in the criminal justice process?
investigate, litigate, and dispose of criminal charges
What is the level of proof necessary for an arrest?
(probable cause) a good faith of belief that a crime has been committed and the individual being arrested has committed a crime.
Which amendment to the constitution regulates the seizure of physical evidence?
4th Amendment
What is the scope of a pat down search?
made without a warrant and is justified if an officer has reasonable suspicion that the person being searched is armed and dangerous
When must an officer recite the Miranda warnings to a suspect?
when the suspect is in police custody or in for a formal interrogation
When must an officer obtain a search warrant?
upon finding a probable cause
What is the role of the grand jury?
To determine whether there is probable cause to believe that the accused committed the crime(s).
What aspect of a criminal defendant’s life is most likely to cause them to be incarcerated upon conviction?
the severity of the crime or threat to the public
What is the burden of proof in a criminal trial?
proving to the jury beyond a reasonable doubt all of the elements necessary to establish the guilt of the defendant
What purpose is served by incarcerating a defendant for a long period of time?
provides justice but also keeps the defendant from repeating their offense
What is the difference between the challenge for cause and a peremptory challenge?
challenge for cause: dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, because he or she has prior knowledge about a case, or for other reasons that demonstrate the individual’s inability to render a fair and impartial judgment.
peremptory challenge: dismissal of a prospective juror by either the prosecution or the defense for unexplained, discretionary reasons.
What is the purpose of restitution in a criminal sentence?
It holds offenders partially or fully accountable for the financial losses suffered by the victim of their crimes.
What will determine whether a defendant is entitled to claim injury under the 4th amendment to the US constitution?
(1) the severity of the crime (2) whether the individual posed an immediate threat to the safety of the officers or others (3) whether the individual was actively resisting arrest
Who what will the term in whether a search or seizure has occurred?
the judge
What are the expectations to the warrant requirement?
probable cause
What will determine whether a suspect’s statements are admissible in court?
if a defendant’s statement is lawfully obtained, the prosecutor will be permitted to repeat it to the jury
Who is eligible for jury duty?
18 years or older
citizen of the US
reside primarily in the judicial district for one year
proficient in English
have no disqualifying mental or physical condition
not currently be subject to felony charges punishable by imprisonment for more than one year
What is the burden on the defense during a criminal trial?
preponderance of evidence
What occurs during an initial appearance?
court where the charges are reviewed and an effort is made to settle the case without a trial. If the child does not have legal counsel, an attorney is appointed.
How has the state used prison labor?
a system of industrial and vocational training is in order that the prisoners will be able to produce not a maximum of ‘quantity ‘but a maximum of quality of commodities.
What is the sociological theory of criminality?
believe that society influences a person to become a criminal
