DANTES Study Guide Flashcards
The term mens rea refers to:
Guilty mind
When discussing elements of a crime, concurrence refers to:
Presence of both intent and the act
Which term refers to laws written by legislative bodies with powers granted by the Constitution?
Statutory law
What term means “to stand by what has been decided”?
Stare Decisis
Criminology is defined as the scientific study of what?
Crime and applicable theories
The idea of free will is central to which criminology theory?
Classical theory - which attributes crime to a simple hedonistic principle
The criminologist that developed positivist theory.
Cesare Lombroso
What is an example of victimless crime?
Drug possession
What was created in 1929 by a group of police chiefs seeking a reliable way of compiling crime data?
Uniform Crime Report
Also known as Part I offenses, these crimes are the major offenses catalogued in the UCR.
Index crimes - the most serious offenses in the UCR
Which term refers to the amount of reported crimes that have ended in arrest?
Clearance rate - often used in conjunction with the crime rate in analyzing data
This agency is tasked with compiling and publishing data collected in the UCR.
FBI - they are the clearinghouse for the data in the UCR
List crimes that are not included in the UCR
1) Possession of illegal substances
2) Drug trafficking
3) Federal offenses
Name a self reporting survey used to measure crime
NCVS - National Crime Victimization Survey
At what age did a child become an adult in the Middle Ages?
14
When did the creation of a Juvenile Court System come about?
1938 - and the passing of the Juvenile Court Act
Which criminological theory looks at what prevents from committing crime, rather than what causes people to commit crime?
Control theory - unlike other criminological theories, tries to explain what stops people from committing crimes
Why do we classify or categorize crimes?
1) To assist in organizing & compiling data
2) To analyze causation
3) To predict future trends
What term refers to crimes that go unreported to police and other-wise undetected?
Dark figure of crime - measuring this is a constant struggle for law enforcement
One of the first theories used to explain the phenomenon of youth crime was
Social Ecology Theory - which explains delinquency by attributing it to social disorganization
Which was the first U.S. Supreme Court case that recognized the need for due process rights for juveniles?
Kent v. U.S. - particularly when transferring a case to adult court
What body of early law originated in ancient Babylon?
Code of Hammurabi - one of the earliest examples of written law
This early body of law separated law, for the first time, into private and public law
Justinian Code
What body of law was made up of English customs, rules, and judicial rulings?
Common Law - which was the basis for the original traditional laws in the United States
Which term refers to laws that are on the books but not necessarily immoral?
Mala Prohibita - are laws that may be prohibited but would not be considered immoral were they not written laws
Which Ammendment in the Bill of Rights concerns the concept of due process?
1) 4th
2) 5th
3) 14th
What had an extreme impact on the courts in regards to due process?
The Warren Court - under Chief justice Earl Warren, the Supreme Court ruled in favor of the rights of the accused and protecting individual rights
This model of justice focuses on protecting individual’s rights in the court system
Due Process model
A Roman guard to the magistrate - who were responsible for bringing the accused before the magistrate and guarding the magistrate.
Lictor
Name a self governing system in place to prevent the need for public law enforcement that put citizens responsible for each other.
Tithing system
This early London Police force was developed by Magistrate Henry Fielding
Bow Street Runners - named after the street that Magistrate Fielding worked off of
What year did Sir Robert Peel begin developing the famous London Metropolitan Police Dept?
1829
What activity did the London Metropolitan Police know could significantly deter crime?
Patrol - the police force knew that significant patrol would reduce crime by deterrence
The original FBI was merely a dept under the umbrella of which agency?
Department of Justice
The DEA as we know it today was given its name under which piece of legislation?
Comprehensive Drug Abuse Prevention and Control Act
The ability of police to keep the peace depends largely on
Community’s respect
Authority given to a court to be the first court to hear the matter.
Original jurisdiction
Who confirms Presidential nominations to federal district court judgeships?
Senate Judiciary Committee
What are the two types of police corruption?
1) Occupational deviance
2) Abuse of authority
What was suggested by the Knapp Commission of 1970?
1) Improve screening and recruiting practices
2) Hold commanders responsible for actions of their subordinates
3) Place Internal Affairs offices w/in each precinct
How many Federal District Courts are there in the U.S. federal system?
94
Which body of rules dictates how the U.S. Courts of Appeals should handle their proceedings?
Federal Rules of Appellate Procedure
The Supreme Court’s greatest power lies in
Judicial review - which allows the court to evaluate and review any decisions and actions by any court or gov’t’l agency in the U.S.
Which Supreme Court case established the Court as the final Constitutional interpreter?
Marbury v. Madison - under Chief Justice Marshall cemented the powers of the Supreme Court
What constitutes a “term” of the Supreme Court?
10 months - from October to July
In which state, through a referee system of justice, did the term “justice of the peace” come from?
Pennsylvania
Which courts have limited jurisdiction?
Lower courts - that handle minor criminal issues
T or F? States usually have one type of appeals court; States always have an intermediate appeals court; some states do not have a state Supreme Court.
False
What is the standard of proof in U.S. adult criminal court cases?
Beyond a reasonable doubt - the prosecution must prove, beyond a reasonable doubt, that the defendant committed the crime
The first appearance in court - which is used to inform the offender of their charges and give them an opportunity to make a plea.
Arraignment
Held to determine if probable cause exists to bind the case over to trial.
Preliminary hearing
What are challenges for an attorney to raise to dismiss potential jurors?
Challenges to the array
What term refers to the removal of a juror w/o having to show cause:
Peremptory challenge
It represents the majority of evidence submitted at trial & requires interpretation.
Circumstantial evidence
What was significant about the Supreme Court case, Griffin v. California?
It stated that invoking the 5th Amendment could not be considered an admission of guilt
What is true about hearsay?
It is inadmissible in court
How any times can a witness be examined and cross-examined?
Until both sides are satisfied. This process can go indefinitely.
What can happen when a jury is deadlocked?
1) Mistrial
2) Judge “recharges” them
3) One person will not change their mind
Who typically does the pre-sentence investigation?
Probation officer
What is true about indeterminate sentencing?
1) Encourages rehab
2) Allows for significant judicial discretion
3) May be to blame for sentencing disparities
What is true about Federal Sentencing Guidelines?
1) Made optional in 2005
2) Represent determinate sentencing
What is a document taken out in juvenile court alleging the child is delinquent or in other ways in need of court intervention?
Juvenile petition - which are similar to a criminal complaint in adult courts
When are detention hearings held in juvenile courts?
Within 24 hours of apprehension - the juvenile system does not want to detain juvenile offenders any longer than absolutely necessary
The trial of a juvenile is referred to as:
Adjudication hearing - which has many similarities to an adult court but much more informal and laid back in nature
The commonly recognized goals of sentencing are:
1) Deterrence
2) Rehabilitation
3) Incapacitation
4) Retribution
When does a sentence serve as an example to deter others from committing the same type of crime?
General deterrence
What was the earliest known goal of sentencing?
Retribution - revenge was the earliest goal of sentencing and punishment.
Name examples of incapacitation.
1) Imprisonment
2) Capital punishment
3) Chemical castration
The Auburn system of prisons featured:
Hard work done in silence - critics compared this system to slavery
Prisons that capitalized on the free labor of inmates were called:
Industrial prisons - these came about in the industrial age and made a profit off of the free labor at their fingertips
From the 1940s thru the 1960s American prisons went through a period advocating treatment. What was this referred to as?
Medical model - based on the idea that every offender was ill, in need of treatment
What is the term used to describe the phenomenon of recurring crime?
Recidivism - studies the frequency that offenders re-offend
Who is recognized as the first American probation officer?
John Augustus
Special conditions of probation can include:
1) Things that a judge thinks are necessary for a specific offender
2) Random drug screens
3) Treatment
What was significant about Griffin v. Wisconsin (1987)?
It ruled that probation officers can search their offenders homes w/o search warrants (or probable cause)
What was significant about Greenholz v. Nebraska (1979)?
Decided that it was not necessary for a paroling authority to divulge reasons for not granting parole
What was significant about Gagnon v. Scarpelli (1973)?
Established that probationers facing revocation were entitled to an attorney and two hearings at revocation
What was significant about Mempa v. Rhay (1967)?
It found that both notice and a hearing were required when pursuing revocation - this ruling overturned the previous case of Escoe v. Zerbst (1935)
What are intermediate sanctions?
1) Alternative sanctions
2) Sanctions that fall btwn imprisonment & probation
3) Sanctions used w/ a probationary term
What requires the convicted offender to serve a period of incarceration followed by a period of probation?
Split sentence - which is also an intermediate sanction
Shock incarceration is typically used on which population?
First time offenders - designed to scare the offender away from future offenses
What method is used to sentence only the most dangerous offenders?
Selective incapacitation - this also combats overcrowding
These facilities may resemble a college campus w/ low fences & heightened freedom of movement.
Minimum security - these allow offenders many of the freedoms they would miss in a more secure institution
What is the term used to mean a temporary pass from a correctional institution into the community w/o supervision?
Furlough - may be granted to offenders w/in minimum security institutions
What process is used in prisons to account for all of the inmates?
Counts - used several times throughout the day
Name a characteristic about prison disciplinary procedures.
They may result in visitation restrictions
Name a long term solitary confinement for dangerous inmates.
Administrative segregation - which is marked by occasional reviews
The archaic procedure of punishing an offender by extreme means & expecting God to intervene if the offender is innocent was referred to as:
Trial by ordeal - often involved extreme measures of torture
Which state was the last one to abolish the electric chair as their sole means of execution?
Nebraska - February 2008
Which state leads the nation in the amount of executions it holds annually?
Texas - in 2006: 26 of the 42 nat’l executions
Why are drugs a problem for prison administration?
1) Increased medical costs
2) Corruption of staff
3) Heightened tensions among inmates
Prison gangs are typically divided among _________ lines.
Racial - similar to street gangs
The increase in elderly inmates is known as the:
Graying of the prisons
In the case Washington State v. Harper, the Supreme Court ruled:
Mentally ill patients could be forced to take medications - the Supreme Court voted to assist prison officials in the management of mentally ill inmates
This early juvenile detention method attempted to put youth in an environment similar to a Christian family home:
Chicago Reform School
Which term refers to those who have committed an offense that is only a crime due to the offender’s age?
Status offenses - like truancy
What is the national organization responsible for juvenile crime data?
Office of Juvenile Justice & Delinquency Prevention (OJJDP)
What is the term used to refer to juveniles who have broken the law?
Delinquent - or Juvenile delinquent
What is the term used to refer to juveniles who did not receive proper care from their parents?
Neglected
What is testimony?
Verbal statements given under oath
The term Actus reas means:
Guilty act
What are written and organized laws?
Penal code
Case law works under the law of what?
Precedent
The belief that a criminal gene is present in people who commit crime.
Biological theory of crime
When we learn what is acceptable from the people around us.
Social learning theory
This theory examines what keeps people from committing a crime.
Control theory
A relatively minor offense, punishable by a fine or up to one year incarceration.
Misdemeanor
Offense that is punishable by death or more than one year incarceration.
Felony
A United States citizen who conspires w/ another country to in some way harm, wage war, or overthrow the U.S. Government.
Treason
Crimes where there seems to be no victim, such as prostitution or gambling.
Victimless crime
Fraud, including crimes include embezzlement, credit card and check fraud, insurance fraud, bribes, tax evasion, kickbacks, and computer-related crime
White collar crime
When a family member commits a crime against another family member.
Domestic crime
Crimes that are never reported to police.
The dark figure of crime
The father of the household had absolute control over everyone else in the household.
Patria postestas
Juvenile delinquency is due to the lack of opportunities provided to lower class youth.
Opportunity theory
Landmark case making the rules for moving or keeping a juvenile’s court case in juvenile court or trying them as an adult.
Kent v. U.S.
Earliest known laws
Code of Hammurabi
Laid the groundwork for right to counsel, protection from self-incrimination, right to confront witnesses, and notice of charges
In Re Gault
Laws that are on the books but may not be considered immoral if it weren’t for the statute calling it so
Mala prohibita
An unwritten body of law
Common law
What court case was known for segregation/civil rights?
Brown v. Board of Education
Supreme Court Justice who was concerned w/ protecting the people against the power of the government in criminal proceedings.
Chief Justice Earl Warren
Court case known to establish rights regarding search and seizure.
Mapp v. Ohio
Court case known for establishing right to counsel.
Gideon v. Wainwright
Court case known for establishing the rights of the accused.
Miranda v. Arizona
Court case known for establishing separation of church and state.
Abbington v. Schemmp
Court case known for establishing wiretaps through search and seizure.
Katz v. U.S.
The creation & definition of what a person’s tights are.
Substantive due process
Protecting individual rights at all stages in the Criminal Justice process.
Due process model
The enforcement of the laws and the punishments for violations.
Procedural due process
Shout for others to hear something similar to “Thief, stop!”
Hue and cry method
A group of ten tithings
A reeve
The guarantee of peace that each person gave the King.
Frankledge system
They are in charge of conducting prisoner transport arrest and pursue fugitives, provide security in Federal courts, and are personal security for Federal judges and magistrates.
U.S. Marshals
Behavior that is motivated by personal gain.
Occupational deviance
The locations, types, and subject matter of court cases over which a specific court has the power to preside.
Jurisdiction
Acts that damage the goals of law enforcement.
Abuse of authority
Who are district court judges are appointed by?
POTUS
A group of federal judicial districts.
Circuit
A request made to a higher court to review the findings of judgment from a lower court.
Appeal
Another name for attorney.
Barristers
