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CRJ 101 > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

3 Key areas of the criminal justice system

A

Police, courts, corrections

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2
Q

Moral view vs. legal view of crime

A

Moral view - crimes are behaviors that are wrong

Legal view - code of criminal laws that lists behaviors that you should not do

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3
Q

What is mala in se

What is mala prohibita?

A

Mala in se - bad or evil in itself

Mala prohibita - crimes that are bad because they are prohibited

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4
Q

What is the difference between a felony and misdemeanor?

A

Felonies are the more serious of the two, and are punishable by a year of incarceration. While a misdemeanor is punishable by less than a year.

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5
Q

Public Order Crimes

A

Crimes and offenses that may not be traditional but rather debated, disturbs the peace in society

Ex. Vandalism

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6
Q

Property Crimes

A

Crimes against physical and cyber properties

Ex. Arson

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7
Q

Victimless crimes

A

Crimes that doesn’t harm someone

Ex. Usage of drugs, prostitution, gambling

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8
Q

Political Crimes

A

Crimes committed to or by the government

Ex. Genocide, “the crime of all crimes”

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9
Q

Occupational crimes

A

Referred to as “white collar” crime, committed by a company, organization, corporation, and those within the sphere

(Are often financial in nature)

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10
Q

Organized crime

A

Crimes that are committed by criminal groups, refers to the manner of the act committed rather than the individual at hand, or the crime itself

Ex. Smuggling drugs

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11
Q

Transnational crime

A

Crimes that cross borders, often committed with organized crime

Ex. Human trafficking

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12
Q

Cybercrime

A

Crimes committed on the Internet, cyberspace, and over the web

Ex. Money being stolen without physical contact with the victim

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13
Q

Cybercrime

A

Crimes committed on the Internet, cyberspace, and over the web

Ex. Money being stolen without physical contact with the victim

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14
Q

Uniform Crime Report (UCR)

A

Annual FBI publication of official statistics of crime recorded by police

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15
Q

National incident-based reporting system (NIBRS)

A

A unit-record reporting system in which each local law enforcement agency reports on each individual crime incident and on each individual arrest

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16
Q

What is the difference between UCR and NIBRS?

A

UCR reports attempted crimes as completed, NIBRS includes a designation of attempted or completed.

NIBRS also provides more specified information than UCR.

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17
Q

What is the difference between burglary and larceny?

A

Burglary is intent of theft with force, while larceny-theft is like stealing gum from the grocery store.

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18
Q

Dark Figure of Crime

A

When crime is under reported or not reported

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19
Q

Classical Criminology

A

Led by Cesare Becvaria

Age of Enlightenment.

Crime as product of choice.

Used logic and reason, rather than favoritism.

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20
Q

Positivist Criminology

A

Led by Cesare Lombroso

Truth through application of the scientific method

Crime was a product of biology, believed people were born with criminal traits— biological explanations for crime

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21
Q

Psychological Explanations of Crime

A

Anti-social personality disorder, psychopathy, etc.

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22
Q

Social Disorganization Theory

A

Cities growing at a fast pace, leading to many different people living in conditions that bred crime

Crime and poverty correlation

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23
Q

Strain / Anomie Theory

A

Focus on poverty

People unable to achieve specific goals seek out crime as a shortcut to success

Called Strain theory due to the strain and stress of the situation

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24
Q

Differential Association Theory

A

Focus on learning

Crime is taught

Different people who we associate with teach us different things

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25
Q

Control Theory

A

Focuses on things that inhibit crime

Crimes are pleasurable and are shortcuts to success

Good relationships, jobs, and academics prevents individuals from engaging in crime

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26
Q

Life Course Theory

A

Focuses on life changes

The older you get the less likely you are to get into criminal behavior

Teenagers have a “Devil May Care” attitude

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27
Q

Labeling Theory

A

Focus on stigma

Those labeled as a criminal will act and become criminals

Criminal record makes it difficult to get housing and employment

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28
Q

Critical Theories

A

Focus on power differentials in society

Includes Marxist, feminist theory, etc.

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29
Q

Victimization Surveys

A

National Crime Victimization Survey (NCVS)

More like a face-to-face interview

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30
Q

Self-Report Surveys

A

Information about the offenders of the crime

Focuses on crimes committed by younger people

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31
Q

National Crime Victimization Survey (NCVS)

A

Includes : rape, robbery, assault, larceny, burglary, personal theft, motor vehicle theft

Does not include : murder, human trafficking, white collar crimes, drug use

Allows a glimpse at the dark figures of crimes, but data is not accurate

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32
Q

Criminology

A

The body of knowledge regarding crime as a social phenomenon.

It includes within its scope the making of laws, breaking of laws, and of reacting toward the breaking of laws.

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33
Q

Goals of the Criminal Justice System

A

Doing justice
Controlling crime
Preventing crime

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34
Q

Federalism

A

The system of government where power is divided between the central (federal) government, and other branches of power that are the (state) government

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35
Q

How does Federalism affect the CJ system?

A

The constitution does not give the federal government specific powers according to crime

The powers are left to the state, localized law enforcement

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36
Q

Cooperation

A

Plea bargaining, prosecution, and defense work together for a speedy service to avoid the cost of trial

Interdependent— police, courts, and corrections all have to work together to create punishment for criminals and ensure justice is delivered

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37
Q

Discretion

A

The power to make a decision based on your best judgement

Police use discretion when there is not an exact interpretation of the law

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38
Q

Resource Dependence

A

Rely on government agencies to provide money

Can lead to abuse of power

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39
Q

Sequential Tasks

A

The criminal justice system is like a conveyor belt, you cannot skip any sequence

40
Q

Filtering

A

Not every case that enters the system will enter all stages of the conveyor belt

41
Q

3 main areas of criminal justice

A

Police, Courts, and Corrections

42
Q

13 steps of the CJ process

A
  1. investigations
  2. arrest
  3. booking
  4. charging
  5. initial appearance
  6. preliminary hearing / grand jury
  7. indictment
  8. arraignment
  9. trial
  10. sentencing
  11. appeal
  12. corrections
  13. release
43
Q

CJ wedding cake model

A
  1. celebrated cases
  2. serious felonies
  3. lesser felonies
  4. misdemeanors
44
Q

Equal protection clause

A

Everyone has equal protection under the law

14th amendment

45
Q

What is the difference between disparity and discrimination?

A

Disparity occurs when there is a justified or legitimate reason, while discrimination is unequal treatment without a legitimate reason

46
Q

Theoretical explanations for disparities

A
  1. people of color commit more crimes
  2. the cj system is racist
  3. the cj system reflects the racism in society
47
Q

Substantive Laws

A

Defines what actions the government can punish

Generally created by legislative bodies

48
Q

Procedural Law

A

Defines the rules in enforcing the law

The rules that the system must follow as they enforce the substantive law

49
Q

What is the difference between criminal laws and civil laws?

A

Criminal laws relate to actions that the state wanted to deter, while civil refers to laws that regulate business transactions (private business, lawsuits, etc.)

Punishment for criminal laws = jail time

Punishment for civil laws = payout (money) to the winner

50
Q

Early civilization laws

A

sumerian laws, code of hammurabi

51
Q

Common law

A

Based on precedents

English common laws gave more power to judges

Judges establish precedent

52
Q

Written Law

A

Constitutions, statutes, court decisions, administrative regulations

53
Q

7 Principles of Substantive Criminal Law

A
  1. legality
  2. actus reus
  3. causation
  4. harm
  5. concurrence
  6. mens rea
  7. punishment
54
Q

Actus Reus

A

A guilty act

“reus” meaning guilty

In order for there to be a crime, an action must have physically occurred

55
Q

Mens Rea

A

Motivation and intent for crime

“rea” meaning guilty
“mens” meaning mind

56
Q

Burglary

A
  1. If they enter a building or occupied structure (that they’re not supposed to be in)
  2. The intent to commit a crime
  3. Premises are not open to the public, or the person is not permitted to enter
57
Q

Justification Defenses

A

Self defense & Necessity

58
Q

Excuse Defenses

A
  1. Duress (coercion)
  2. Entrapment
  3. Infancy
  4. Mistake of fact
  5. Intoxication
  6. Insanity
59
Q

Procedural Criminal Law

A

Procedural due process

prevents mob rule

Everything the CJ system does should be regulated by guidelines, doing its due diligence, and respecting the equality of all persons

60
Q

4th Amendment

A

Protects against unreasonable searches, seizures, and arrests

Unless there is reasonable suspicion and probable cause

61
Q

Plain view search

A

No warrant needed, if they can see illegal possessions, they can search your car

62
Q

Exigent circumstances search

A

Police can search based on concern for public safety, warrant not needed

63
Q

5th Amendment

A

Grand jury

Double jeopardy

Protect against self-incrimination

Miranda rights

64
Q

6th Amendment

A

Speedy and public trial

Impartial Jury

Right to counsel

Gideon vs. Wainwright

65
Q

8th Amendment

A

Prevents excessive bails, protects from cruel and unusual punishment

But does not guarantee bail

66
Q

Exclusionary Rule

A

If evidence is obtained illegally, it must be excluded from trial

67
Q

Exception Rule

A

Exception if someone made an honest to goodness mistake

or

Inevitable discovery of evidence

68
Q

3 major aspects of American policing that evolved from the English legal tradition

A
  1. Limited authority
  2. Local control
  3. Fragmented organization
69
Q

Franklin Pledge System

A

Communities with families grouped in 10s who would keep watch over the community

In case of fire, lighting street lamps, etc.

70
Q

Constable

A

Night watchman

71
Q

Sir Robert Peel

A

Father of modern policing

In 1829, convinced Parliament to create the london police force

Believed that police should defend against crime with the least force possible

Police have to keep a low profile and maintain peace

72
Q

During the colonial era and early republic, what was the difference between the North and South in terms of policing?

A

North - Night watchmen, informal inspiration of the English System

South - the institution of slavery such as Slave Patrols, considered the “american” form of policing

73
Q

The political era : 1840-1920

A

Established the first police force in NYC

Foot patrol, helping citizens, and wearing specialized uniforms

Only government agency

Ties between police and political leaders

Opened doors to corruption

74
Q

Professional Modern Era : 1920-1970

A

Educated middle class wanted the government to protect and helped the less fortunate

August Wulmer, chief of police, created the professional model

Police were well trained, well discipline, treated citizens with respect

Modernization of police allowed for the existence of early forensics

75
Q

The Community-Policing Era : 1970-Present

A

Distrust of government extended to distrust of the police

Two forms of policing rose : “Broken Windows Policing” and “Community Oriented Policing (COP)”

76
Q

Broken Window Policing

A

Police should address issues that made people feel unsafe, such as homelessness

Disorder in community leads to people feeling unsafe

77
Q

Community Orientated Policing (COP)

A

Community gets a say to what gets policed

Police get to know citizens of the community to meet the needs of it

Effective model used today

78
Q

What is the difference between state and county police agencies?

A

State agency - each state has it’s own police force that is based on the population

County agency - often called sheriff departments, made for small populations and may need state resources

79
Q

Police Knowledge and Skills

A

Laws and procedures

Handling weapons

Social relations

De-escalation

80
Q

Police Working Personality

A
  1. Threat of Danger
  2. Need to establish and maintain authority

Leading to tense work-life balance

81
Q

Police Isolation

A

Many officers view the public as dangerous and hostile

“Us vs. Them”

Closeness to police subculture, leading to empathy between police officers

“Blue Code of Silence”

82
Q

4 kinds of stress police deal with

A
  1. External
  2. Organizational
  3. Personal
  4. Operational
83
Q

How are the police set up like a bureaucracy?

A

Division of labor

Chain and unity of command

Rules and procedures

Operational units

84
Q

Police Functions

A
  1. Order maintenance
  2. Law enforcement
  3. Service
85
Q

Styles of policing

A
  1. Watchman style
  2. Legalistic style
  3. Service style
86
Q

Watchman Style

A

Emphasize order of maintenance, focusing on disorderly conduct

Not good for high crime areas, made for in-between communities

87
Q

Legalistic Style

A

Focus is on law enforcement, operates in areas of high crime

Toughest style that alienates community

Combat drug trade, organized crime, traffic tickets, and certain amount of misdemeanors

88
Q

Service Style

A

Relates to the service function, police cares for the community

Seen as community service works found in areas of low crime

89
Q

How do police use discretion?

A

When there is not an exact law that can be applied to the situation, police use discretion to enforce the laws how they see fit

Can either improve police community relations or leads to favoritism and corruption

90
Q

What factors play into police decision-making?

A

Some situations give police more leeway (discretion) than others

The relationship with the people that the police are dealing with

People’s race, age, gender, and class

Departmental Policy, guides overarching policing ability

91
Q

How do police respond?

A

Reactive policing - they react to crime after it has occurred

Proactive policing - preventing crime by taking action before it happens

ex. stop and frisk

92
Q

Police 3 main duties

A
  1. Answering calls for help
  2. Maintaining a police presence
  3. Probing suspicious circumstances
93
Q

Process of apprehending a suspect?

A
  1. Detection of a crime
  2. Preliminary investigation
  3. Follow-Up investigation
  4. (And possible) Clearance and arrest
94
Q

Does clearance lead to conviction?

A

No, clearance doesn’t always lead to conviction

Case is not truly cleared and may be revisited at a later time

Sometimes leading to cold cases

95
Q

What kinds of special operations are there for the police?

A

Juveniles

Traffic

Vice

Drug enforcement

96
Q

How are vice and drug enforcement similar? How are they different?

A

Vice and drug enforcement are similar as they may require undercover work and sting operations. Both tend to lead to corruption due to the lack of transparency.

Vice is policing crimes that are seen as “victimless crimes” while drug enforcement

CRJ 101 (1 decks)

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