DANTES Study Guide Flashcards

1
Q

The term mens rea refers to:

A

Guilty mind

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2
Q

When discussing elements of a crime, concurrence refers to:

A

Presence of both intent and the act

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3
Q

Which term refers to laws written by legislative bodies with powers granted by the Constitution?

A

Statutory law

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4
Q

What term means “to stand by what has been decided”?

A

Stare Decisis

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5
Q

Criminology is defined as the scientific study of what?

A

Crime and applicable theories

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6
Q

The idea of free will is central to which criminology theory?

A

Classical theory - which attributes crime to a simple hedonistic principle

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7
Q

The criminologist that developed positivist theory.

A

Cesare Lombroso

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8
Q

What is an example of victimless crime?

A

Drug possession

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9
Q

What was created in 1929 by a group of police chiefs seeking a reliable way of compiling crime data?

A

Uniform Crime Report

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10
Q

Also known as Part I offenses, these crimes are the major offenses catalogued in the UCR.

A

Index crimes - the most serious offenses in the UCR

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11
Q

Which term refers to the amount of reported crimes that have ended in arrest?

A

Clearance rate - often used in conjunction with the crime rate in analyzing data

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12
Q

This agency is tasked with compiling and publishing data collected in the UCR.

A

FBI - they are the clearinghouse for the data in the UCR

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13
Q

List crimes that are not included in the UCR

A

1) Possession of illegal substances
2) Drug trafficking
3) Federal offenses

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14
Q

Name a self reporting survey used to measure crime

A

NCVS - National Crime Victimization Survey

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15
Q

At what age did a child become an adult in the Middle Ages?

A

14

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16
Q

When did the creation of a Juvenile Court System come about?

A

1938 - and the passing of the Juvenile Court Act

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17
Q

Which criminological theory looks at what prevents from committing crime, rather than what causes people to commit crime?

A

Control theory - unlike other criminological theories, tries to explain what stops people from committing crimes

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18
Q

Why do we classify or categorize crimes?

A

1) To assist in organizing & compiling data
2) To analyze causation
3) To predict future trends

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19
Q

What term refers to crimes that go unreported to police and other-wise undetected?

A

Dark figure of crime - measuring this is a constant struggle for law enforcement

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20
Q

One of the first theories used to explain the phenomenon of youth crime was

A

Social Ecology Theory - which explains delinquency by attributing it to social disorganization

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21
Q

Which was the first U.S. Supreme Court case that recognized the need for due process rights for juveniles?

A

Kent v. U.S. - particularly when transferring a case to adult court

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22
Q

What body of early law originated in ancient Babylon?

A

Code of Hammurabi - one of the earliest examples of written law

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23
Q

This early body of law separated law, for the first time, into private and public law

A

Justinian Code

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24
Q

What body of law was made up of English customs, rules, and judicial rulings?

A

Common Law - which was the basis for the original traditional laws in the United States

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25
Q

Which term refers to laws that are on the books but not necessarily immoral?

A

Mala Prohibita - are laws that may be prohibited but would not be considered immoral were they not written laws

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26
Q

Which Ammendment in the Bill of Rights concerns the concept of due process?

A

1) 4th
2) 5th
3) 14th

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27
Q

What had an extreme impact on the courts in regards to due process?

A

The Warren Court - under Chief justice Earl Warren, the Supreme Court ruled in favor of the rights of the accused and protecting individual rights

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28
Q

This model of justice focuses on protecting individual’s rights in the court system

A

Due Process model

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29
Q

A Roman guard to the magistrate - who were responsible for bringing the accused before the magistrate and guarding the magistrate.

A

Lictor

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30
Q

Name a self governing system in place to prevent the need for public law enforcement that put citizens responsible for each other.

A

Tithing system

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31
Q

This early London Police force was developed by Magistrate Henry Fielding

A

Bow Street Runners - named after the street that Magistrate Fielding worked off of

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32
Q

What year did Sir Robert Peel begin developing the famous London Metropolitan Police Dept?

A

1829

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33
Q

What activity did the London Metropolitan Police know could significantly deter crime?

A

Patrol - the police force knew that significant patrol would reduce crime by deterrence

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34
Q

The original FBI was merely a dept under the umbrella of which agency?

A

Department of Justice

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35
Q

The DEA as we know it today was given its name under which piece of legislation?

A

Comprehensive Drug Abuse Prevention and Control Act

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36
Q

The ability of police to keep the peace depends largely on

A

Community’s respect

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37
Q

Authority given to a court to be the first court to hear the matter.

A

Original jurisdiction

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38
Q

Who confirms Presidential nominations to federal district court judgeships?

A

Senate Judiciary Committee

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39
Q

What are the two types of police corruption?

A

1) Occupational deviance

2) Abuse of authority

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40
Q

What was suggested by the Knapp Commission of 1970?

A

1) Improve screening and recruiting practices
2) Hold commanders responsible for actions of their subordinates
3) Place Internal Affairs offices w/in each precinct

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41
Q

How many Federal District Courts are there in the U.S. federal system?

A

94

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42
Q

Which body of rules dictates how the U.S. Courts of Appeals should handle their proceedings?

A

Federal Rules of Appellate Procedure

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43
Q

The Supreme Court’s greatest power lies in

A

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.

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44
Q

Which Supreme Court case established the Court as the final Constitutional interpreter?

A

Marbury v. Madison - under Chief Justice Marshall cemented the powers of the Supreme Court

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45
Q

What constitutes a “term” of the Supreme Court?

A

10 months - from October to July

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46
Q

In which state, through a referee system of justice, did the term “justice of the peace” come from?

A

Pennsylvania

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47
Q

Which courts have limited jurisdiction?

A

Lower courts - that handle minor criminal issues

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48
Q

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.

A

False

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49
Q

What is the standard of proof in U.S. adult criminal court cases?

A

Beyond a reasonable doubt - the prosecution must prove, beyond a reasonable doubt, that the defendant committed the crime

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50
Q

The first appearance in court - which is used to inform the offender of their charges and give them an opportunity to make a plea.

A

Arraignment

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51
Q

Held to determine if probable cause exists to bind the case over to trial.

A

Preliminary hearing

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52
Q

What are challenges for an attorney to raise to dismiss potential jurors?

A

Challenges to the array

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53
Q

What term refers to the removal of a juror w/o having to show cause:

A

Peremptory challenge

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54
Q

It represents the majority of evidence submitted at trial & requires interpretation.

A

Circumstantial evidence

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55
Q

What was significant about the Supreme Court case, Griffin v. California?

A

It stated that invoking the 5th Amendment could not be considered an admission of guilt

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56
Q

What is true about hearsay?

A

It is inadmissible in court

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57
Q

How any times can a witness be examined and cross-examined?

A

Until both sides are satisfied. This process can go indefinitely.

58
Q

What can happen when a jury is deadlocked?

A

1) Mistrial
2) Judge “recharges” them
3) One person will not change their mind

59
Q

Who typically does the pre-sentence investigation?

A

Probation officer

60
Q

What is true about indeterminate sentencing?

A

1) Encourages rehab
2) Allows for significant judicial discretion
3) May be to blame for sentencing disparities

61
Q

What is true about Federal Sentencing Guidelines?

A

1) Made optional in 2005

2) Represent determinate sentencing

62
Q

What is a document taken out in juvenile court alleging the child is delinquent or in other ways in need of court intervention?

A

Juvenile petition - which are similar to a criminal complaint in adult courts

63
Q

When are detention hearings held in juvenile courts?

A

Within 24 hours of apprehension - the juvenile system does not want to detain juvenile offenders any longer than absolutely necessary

64
Q

The trial of a juvenile is referred to as:

A

Adjudication hearing - which has many similarities to an adult court but much more informal and laid back in nature

65
Q

The commonly recognized goals of sentencing are:

A

1) Deterrence
2) Rehabilitation
3) Incapacitation
4) Retribution

66
Q

When does a sentence serve as an example to deter others from committing the same type of crime?

A

General deterrence

67
Q

What was the earliest known goal of sentencing?

A

Retribution - revenge was the earliest goal of sentencing and punishment.

68
Q

Name examples of incapacitation.

A

1) Imprisonment
2) Capital punishment
3) Chemical castration

69
Q

The Auburn system of prisons featured:

A

Hard work done in silence - critics compared this system to slavery

70
Q

Prisons that capitalized on the free labor of inmates were called:

A

Industrial prisons - these came about in the industrial age and made a profit off of the free labor at their fingertips

71
Q

From the 1940s thru the 1960s American prisons went through a period advocating treatment. What was this referred to as?

A

Medical model - based on the idea that every offender was ill, in need of treatment

72
Q

What is the term used to describe the phenomenon of recurring crime?

A

Recidivism - studies the frequency that offenders re-offend

73
Q

Who is recognized as the first American probation officer?

A

John Augustus

74
Q

Special conditions of probation can include:

A

1) Things that a judge thinks are necessary for a specific offender
2) Random drug screens
3) Treatment

75
Q

What was significant about Griffin v. Wisconsin (1987)?

A

It ruled that probation officers can search their offenders homes w/o search warrants (or probable cause)

76
Q

What was significant about Greenholz v. Nebraska (1979)?

A

Decided that it was not necessary for a paroling authority to divulge reasons for not granting parole

77
Q

What was significant about Gagnon v. Scarpelli (1973)?

A

Established that probationers facing revocation were entitled to an attorney and two hearings at revocation

78
Q

What was significant about Mempa v. Rhay (1967)?

A

It found that both notice and a hearing were required when pursuing revocation - this ruling overturned the previous case of Escoe v. Zerbst (1935)

79
Q

What are intermediate sanctions?

A

1) Alternative sanctions
2) Sanctions that fall btwn imprisonment & probation
3) Sanctions used w/ a probationary term

80
Q

What requires the convicted offender to serve a period of incarceration followed by a period of probation?

A

Split sentence - which is also an intermediate sanction

81
Q

Shock incarceration is typically used on which population?

A

First time offenders - designed to scare the offender away from future offenses

82
Q

What method is used to sentence only the most dangerous offenders?

A

Selective incapacitation - this also combats overcrowding

83
Q

These facilities may resemble a college campus w/ low fences & heightened freedom of movement.

A

Minimum security - these allow offenders many of the freedoms they would miss in a more secure institution

84
Q

What is the term used to mean a temporary pass from a correctional institution into the community w/o supervision?

A

Furlough - may be granted to offenders w/in minimum security institutions

85
Q

What process is used in prisons to account for all of the inmates?

A

Counts - used several times throughout the day

86
Q

Name a characteristic about prison disciplinary procedures.

A

They may result in visitation restrictions

87
Q

Name a long term solitary confinement for dangerous inmates.

A

Administrative segregation - which is marked by occasional reviews

88
Q

The archaic procedure of punishing an offender by extreme means & expecting God to intervene if the offender is innocent was referred to as:

A

Trial by ordeal - often involved extreme measures of torture

89
Q

Which state was the last one to abolish the electric chair as their sole means of execution?

A

Nebraska - February 2008

90
Q

Which state leads the nation in the amount of executions it holds annually?

A

Texas - in 2006: 26 of the 42 nat’l executions

91
Q

Why are drugs a problem for prison administration?

A

1) Increased medical costs
2) Corruption of staff
3) Heightened tensions among inmates

92
Q

Prison gangs are typically divided among _________ lines.

A

Racial - similar to street gangs

93
Q

The increase in elderly inmates is known as the:

A

Graying of the prisons

94
Q

In the case Washington State v. Harper, the Supreme Court ruled:

A

Mentally ill patients could be forced to take medications - the Supreme Court voted to assist prison officials in the management of mentally ill inmates

95
Q

This early juvenile detention method attempted to put youth in an environment similar to a Christian family home:

A

Chicago Reform School

96
Q

Which term refers to those who have committed an offense that is only a crime due to the offender’s age?

A

Status offenses - like truancy

97
Q

What is the national organization responsible for juvenile crime data?

A

Office of Juvenile Justice & Delinquency Prevention (OJJDP)

98
Q

What is the term used to refer to juveniles who have broken the law?

A

Delinquent - or Juvenile delinquent

99
Q

What is the term used to refer to juveniles who did not receive proper care from their parents?

A

Neglected

100
Q

What is testimony?

A

Verbal statements given under oath

101
Q

The term Actus reas means:

A

Guilty act

102
Q

What are written and organized laws?

A

Penal code

103
Q

Case law works under the law of what?

A

Precedent

104
Q

The belief that a criminal gene is present in people who commit crime.

A

Biological theory of crime

105
Q

When we learn what is acceptable from the people around us.

A

Social learning theory

106
Q

This theory examines what keeps people from committing a crime.

A

Control theory

107
Q

A relatively minor offense, punishable by a fine or up to one year incarceration.

A

Misdemeanor

108
Q

Offense that is punishable by death or more than one year incarceration.

A

Felony

109
Q

A United States citizen who conspires w/ another country to in some way harm, wage war, or overthrow the U.S. Government.

A

Treason

110
Q

Crimes where there seems to be no victim, such as prostitution or gambling.

A

Victimless crime

111
Q

Fraud, including crimes include embezzlement, credit card and check fraud, insurance fraud, bribes, tax evasion, kickbacks, and computer-related crime

A

White collar crime

112
Q

When a family member commits a crime against another family member.

A

Domestic crime

113
Q

Crimes that are never reported to police.

A

The dark figure of crime

114
Q

The father of the household had absolute control over everyone else in the household.

A

Patria postestas

115
Q

Juvenile delinquency is due to the lack of opportunities provided to lower class youth.

A

Opportunity theory

116
Q

Landmark case making the rules for moving or keeping a juvenile’s court case in juvenile court or trying them as an adult.

A

Kent v. U.S.

117
Q

Earliest known laws

A

Code of Hammurabi

118
Q

Laid the groundwork for right to counsel, protection from self-incrimination, right to confront witnesses, and notice of charges

A

In Re Gault

119
Q

Laws that are on the books but may not be considered immoral if it weren’t for the statute calling it so

A

Mala prohibita

120
Q

An unwritten body of law

A

Common law

121
Q

What court case was known for segregation/civil rights?

A

Brown v. Board of Education

122
Q

Supreme Court Justice who was concerned w/ protecting the people against the power of the government in criminal proceedings.

A

Chief Justice Earl Warren

123
Q

Court case known to establish rights regarding search and seizure.

A

Mapp v. Ohio

124
Q

Court case known for establishing right to counsel.

A

Gideon v. Wainwright

125
Q

Court case known for establishing the rights of the accused.

A

Miranda v. Arizona

126
Q

Court case known for establishing separation of church and state.

A

Abbington v. Schemmp

127
Q

Court case known for establishing wiretaps through search and seizure.

A

Katz v. U.S.

128
Q

The creation & definition of what a person’s tights are.

A

Substantive due process

129
Q

Protecting individual rights at all stages in the Criminal Justice process.

A

Due process model

130
Q

The enforcement of the laws and the punishments for violations.

A

Procedural due process

131
Q

Shout for others to hear something similar to “Thief, stop!”

A

Hue and cry method

132
Q

A group of ten tithings

A

A reeve

133
Q

The guarantee of peace that each person gave the King.

A

Frankledge system

134
Q

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.

A

U.S. Marshals

135
Q

Behavior that is motivated by personal gain.

A

Occupational deviance

136
Q

The locations, types, and subject matter of court cases over which a specific court has the power to preside.

A

Jurisdiction

137
Q

Acts that damage the goals of law enforcement.

A

Abuse of authority

138
Q

Who are district court judges are appointed by?

A

POTUS

139
Q

A group of federal judicial districts.

A

Circuit

140
Q

A request made to a higher court to review the findings of judgment from a lower court.

A

Appeal

141
Q

Another name for attorney.

A

Barristers