Exam 1 Flashcards
4th Amendment
Protects against unreasonable search and seizure
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment
Right to a speedy trial
8th Amendment
No cruel or unusual punishment
Actus Reus
“a guilty act.” people may not be convicted of a crime simply because of their status
Administrative Law
The body of law that regulates the operation and procedures of government agencies
Affirmative Action
A policy designed to redress past discrimination through measures to improve their economic and educational opportunities
Aggressive order maintenance
Policing activities that address noncriminal or minor offenses that affect residents’ quality of life
American Policing Eras
Colonial, Political, Professional, Community and New
Beyond a reasonable doubt
The level of proof required to convict a person of a crime
Broken Windows Theory
A theory proposing that even small acts of crime, disorder, and vandalism can threaten a neighborhood and render it unsafe
Brutality
Cruel violence
Carroll v. U.S. (1925)
Warrantless search of an automobile does not violate 4th amendment. Vehicle is mobile.
Causation
Casual relationship between an act and the harm suffered
Chimel v. California (1969)
Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested
Civil Law
A law that governs relationships between individuals and defines their legal rights
Code of Silence
Code among officers whereby they refuse to testify against their own
Colonial Era
1700s - 1830s, use of watch system
Community Era
1980s, Proactive efforts to better involve the community
Community Oriented Policing
Programs and strategies designed to bring police and the public closer together
CompStat
A crime-analysis and police-management process built on crime mapping that was developed by the New York City Police Department in the mid-1990s
Concurrence
Act and intent must be present at the same time
Crime
An act that violates criminal law and is punishable by criminal sanctions
Crime Analysis
The use of analytical methods to obtain pertinent information on crime patterns and trends that can then be disseminated to officers on the street
Crime Triangle
Offender, Victim, Location
Criminal Control Model
Emphasizes the efficient arrest of criminal offenders
Criminal Justice Field
Study of agencies related to the control of crime
Criminal Law
A system of law concerned with the punishment of those who commit crimes
Criminology Field
Study of crime trends, nature of crime, theories of crime
Dark Figure of Crime
Crime that is not reported to the police and remains unknows to officails
Deviance
Behavior that violates the standards of conduct or expectations of a group or society
Discretion
Decision making by CJ system based on personal judgement instead of formal rules or official information
Disparity
A difference does not necessarily involve discrimination
Due Process Clause
Prohibits the government from taking any action that would deprive of person of their natural rights
Due Process Model
Emphasizes individual rights at all stages of justice system processing
Due Process Revolution
U.S. Supreme Court application of the Bill of Rights to state criminal proceedings
Duress
A person commits a crime because he or she is forced to do so by another person
Exceptions to Fruit of the Poisonous Tree
Purged taint, independent source, inevitable discovery
Exclusionary Rule
Evidence seized by illegal means cannot be used during a criminal trial
Extortion
Getting money by threats
Extralegal Factors
Something not governed by laws
“Father of Policing”
Sir Robert Peel
Fruits of the Poisonous Tree Doctrine
Holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial
Gratuities
Items of value received by someone because of his or her role or job rather than because of a personal relationship
Insanity
A defendant can be competent and not sane
Institutionalized discrimination
Racial and ethnic disparities in outcomes based on applications of racially neutral factors
Intelligence-led policing
Measures the risk of criminal behavior associated with certain individuals or locations so as to predict when and where such criminal behavior is most likely to occur in the future.
Internal corruption
Officers pay members of their department for special assignments or promotions
Kansas City Preventive Patrol Experiment
Police study that found that changes to police presence did not have a significant effect on crime or change citizen satisfaction levels with the police
Kerner Commission
A group that was appointed by President Johnson to study the causes of urban violence and that recommended the elimination of de facto segregation in American society
Mala in Se
Would be considered
wrong even if there were no law prohibiting it
Mala Prohibita
Actions that are illegal simply because law forbits them
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court’s judicial activism.
Mens Res
Guilty blameworthy state of mind; criminal intent
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
Mistake
The court has generally upheld the view that ignorance of the law is no excuse for committing an illegal act
National Incident-Based Reporting System (NIBRS)
A reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim and property
Necessity
The person breaks the law in order to save him or herself to prevent some greater harm
New Era
2000s - Present
Newark Foot Patrol Experiment
Conducted from 1978 to 1979 to test the effect of foot patrol on crime and public perception; the Newark experiment concluded that added foot patrol did not affect serious crime but did have a positive impact on public perception of the police
Normative Law
An ultimate form of social sanction backing up social norms, expectations or rules of behavior
Part I offenses
Ten serious crimes that occur on a regular basis and are likely to be reported to law enforcement
Part II offenses
Represent “less serious” crime classifications
Police Ambiguities
What they are tasked with doing
Police corruption
The abuse of police authority for personal or organizational gain
Police Discretion
Using their own judgement to make decisions
Police Subculture
The values and perceptions that are shared by member of a police department and to a certain extent by all law enforcement agencies
Political Era
1840s - 1920s, police were tied closely to politicians
Preponderance of the Evidence
The standard of proof in a civil case in which a judge or jury must believe the plaintiff’s story and evidence is stronger than the defendant’s version
Problem-oriented policing
Officers routinely seek to identify, analyze, and respond to the circumstances underlying the incidents that prompt citizens to call the police
Professional Era
1920s - 1970, Idea that police should be close to the public
Pure Justice
No racial or ethnic discrimination at all
Reliability
Consistency of measurement
Remedy
A judicial order enforcing a right or redressing a wrong
SARA Model
Scanning, Analysis, Response, Assessment
Seizure
The taking possession of property by government because of a suspected violated of law
Slave patrols
Police-type organizations created in the American South during colonial times to control slaves and support the southern economic system of slavery
Strict Liability
The legal responsibility for damage or injury even if you are not negligent
Substantive due process
Constitutional requirements that government act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do
Systemic Discrimination
Discrimination at all stages of the criminal justice system
Tennessee v. Garner (1985)
Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
Terry v. Ohio (1968)
Supreme Court decision endorsing police officers’ authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity
Three additional features added to American Policing
- Limited police authority
- Local law enforcement agencies
- Decentralized and fragmented system of police
Three main concepts adopted from British policing from uniformed police force
- Mission
- Strategy
- Organizational structure
Tokenism
Belief that they were hired/promoted to fulfil diversity requirements
U.S. v. Leon (1984)
Established the “good faith” exception to the exclusionary rule
Uniform Crime Report (UCR)
An official measure of crime in the United States, produced by the FBI’s official tabulation of every crime reported by more than 18,00 law enforcement agencies
Use of Force
Amount of effort required by police to compel compliance by an unwilling subject
Validity
Measuring exactly what you intend to measure
