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