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Criminal Justice 101 > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

Expected patterns of behavior or belief

A

norms

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2
Q

an intentional act or omission to act, neither justified nor excused that is in violation of the criminal law and punishable by the state

A

crime

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3
Q

What makes crimes vary?

A

they are subject to time and place, and reflect contemporary concerns.

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4
Q

Who asserted crime is normal and cannot be eliminated?

A

Emile Durkheim

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5
Q

How is crime functional?

A

helps society to progress (social change)

metal detectors in school, amber’s alert, USA patriot act?

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6
Q

Charged with protecting the public, maintaining order, enforcing laws, identifying offenders, bringing the guilty to justice, and treating and punishing convicted persons.

A

The Criminal Justice System

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7
Q

4 Components of Criminal Justice System

A

Law Enforcement (police)
Court
Correction
Theory / Criminal Law

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8
Q

What is the structure of our criminal justice system?

A

decentralized

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9
Q

Decentralized structure meaning-

A

We have the State level, local level, and federal level. there is no one centralized law enforcement agency to police the whole country.

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10
Q

The territory over which a law enforcement agency or court has authority
Can be a physical geographical area (law enforcement) or Subject Matter (court)

A

Jurisdiction

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11
Q

Cons of overlapped jurisdiction between agencies?

A

Because the different agencies will try to push the responsibility over to other agencies to avoid the responsibility

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12
Q

What do police, court and correction all stem from?

A

Theory / Criminal Law

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13
Q

Parts of the criminal process

A 
Crime committed and reported
Police
Court
Correction
Integration into society
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14
Q

reporting or observing crime by officer

A

Initial Contact

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15
Q

What is required for arrest?

A

Probable cause

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16
Q

Process of fingerprinting, photograph, and going to holding cells

A

Arrest and booking

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17
Q

Process of gathering evidence and identifying a suspect

A

Criminal Investigation

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18
Q

How many local, state, federal and special law enforcement agencies approximately?

A

18,000

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19
Q

Where is federal law applied?

A

Federal Court

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20
Q

State level cases involving constitutional issues are appealed to ___________

A

federal courts

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21
Q

highest appellate court in judicial system

A

U.S. Supreme Court

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22
Q

The court systems for both state and federal organize into which 3 tiers:

A

Lower courts, intermediate appellate courts, supreme courts.

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23
Q

The process when a prosecutor decides what charge will be filed

A

charging

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24
Q

The right to _________ is guaranteed for defendants

A

trial by jury

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25
Q

Process which includes victim impact statements, a decision made by the judge for the appropriate sentence, and the defendant’s decision to appeal if they believe they were unfairly convicted

A

Sentencing and Appeals

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26
Q

A sentencing option w conditions for convicted offenders: paying a fine, counseling, alcohol treatment program, getting a job

A

Probation

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27
Q

A type of conditional release based on good behavior or evidence of some level of rehabilitation

A

parole

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28
Q

focusing on deterring crime and ensuring victims’ rights and not on protecting offenders’ rights

A

Crime Control Model

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29
Q

Ensuring fairness under law, emphasizing defendant’s rights’ not victims’ rights

A

due process model

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30
Q

Maintaining the goal of repairing harm that criminal offenses inflict upon victims, offenders and the community. Victim centered, community-based, punishment as a last resort

A

Restorative justice model

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31
Q

Crime is a result of the burdens and benefits in society not being equally distributed among its members

A

social justice model

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32
Q

Stressing absolute good and absolute evil. cannot be tested scientifically

A

spiritualism

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33
Q

Why is crime difficult to measure?

A

the dark figure of crime, all of the crime that goes unreported

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34
Q

The International Association of Chiefs of Police (1927)
Most widely-used source of crime data
Data collected by FBI – covers over 96% of U.S. population
Reports on: Crimes known to police (report or discover)
Number of arrests (incidence)
Persons arrested (prevalence)
tracks reported offenses, number/characteristics of persons arrested, crimes cleared by arrest and exceptional means.

A

Uniform Crime Report

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35
Q

Number of arrests

A

incidence

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36
Q

Persons arrested

A

prevalence

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37
Q

Murder and nonnegligent manslaughter, Forcible rape, Robbery, Aggravated assault, Burglary, Larceny-theft, Motor vehicle theft, Arson

A

8 crimes

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38
Q

what are the 8 crimes?

A

Murder and nonnegligent manslaughter, Forcible rape, Robbery, Aggravated assault, Burglary, Larceny-theft, Motor vehicle theft, Arson

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39
Q

Criticisms of Uniform Crime Report

A

dark figure of crime
only most serious offense reported
UCR data tells more about police behavior than crime

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40
Q

Asks victims about experiences with crime
Gathers data on personal and household crimes
Data obtained from nationally representative sample of about 49,000 households
Only interviews people age 12+

A

National Crime Victimization Survey

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41
Q

Criticisms of National Crime Victimization survey

A 
Small number of crimes
Reliability of data questionable
Memory errors
Telescoping
Deception errors
Juvenile victimizations
Sampling error
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42
Q

Ask people directly about involvement in crime

Studies consistently find 85-90% of people in U.S. engage in behavior that could lead to arrest

A

self-report studies

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43
Q

The most comprehensive self report study
Lunched in 1976 – interviewed 1725 youths (age 11-17)
Follow up more than 3 decades

A

National Youth Survey

44
Q

Criticisms of self-report studies

A

Methods of data collection
Data not always reliable
Validity checks provide general support of self-report method

45
Q

single best method for estimating serious violent and property crime

A

Uniform Crime Report

46
Q

Helps uncover dark figure of crime

A

National Crime Victimization Survey

47
Q

Reasons for the recent crime decline

A

The economy
Incarceration
Policing
Age

48
Q

Rejection of hedonism and free will, belief in fair punishment suited to the offense, criminal as a calculator, No acknowledgement to individual differences

A

Classical school

49
Q

Rise of social Darwinism, science, and medicine (mid 1800s into 1900s)
Led by Cesare Lomboroso in Italy
Emphasizing the scientific study of criminals
Criminal as determined - Biological traits (criminals - something different with non criminals)

A

Positivist school

50
Q

Rejecting Individualism – Focusing on social circumstances
American society, the city, contained potent criminogenic forces
The study of urban area and crime

A

The Chicago school

51
Q

socially patterned urban development, Zone 1 - loop, Zone 2 - transition, Zone - 3 Workingmen’s home, Zone - 4 Residential Zone, Zone 5 - Commuters Zone

A

Concentric Zone theory (Ernest Burgess)

52
Q

Exploring how crime occurs when individuals learned cultural definitions supportive of illegal conduct
Crime culturally transmitted and learned

A

Differential association Theory

53
Q

Delinquency – the nature of the neighborhood

Disorganized neighborhood – produce and sustain ‘criminal traditions’

A

Social Disorganization Theory

54
Q

Lower-class culture – responsible for crimes in urban area

A

Cultural Deviance Theory

55
Q

Expanding Sutherland’s differential association theory
Definition and imitation -> crime
Social reinforcement (rewards and punishment) – determine whether criminal behavior is repeated
Differential social reinforcement

A

Social Learning Theory

56
Q

collapse of social solidarity
Social solidarity – based on social integration and social regulation
Base for control theory

A

Anomie Theory, Emile Durkheim

57
Q

Weakened norms (anomie) -> Placing an intense value on economic success
The pursuit of success – no longer based on normative standards right or wrong
Instead, pecuniary reward

A

Strain Theory, Robert Merton

58
Q

Social control weaker -> weakened social bonding -> delinquency
Social bond – Attachment, commitment, involvement, belief

A

Social Bonding Theory, Travis Hirschi

59
Q

Low self-control -> criminal involvement
Self-control -> established in childhood
The importance of parenting

A

Self-Control Theory, Gottfedson and Hirshi)

60
Q

Labeling as criminogenic – creating career criminal

A

Labeling Theory

61
Q

The embrace of capitalism -> inducing high rates of lawlessness among both the rich and the poor

A

Conflict Theory

62
Q

Gendering of criminology
How understandings of female criminality shifted from theories
Victimology

A

Feminist Theory

63
Q

Environmental criminology/situational crime prevention
Focusing on reducing opportunities for crime
Suitable target, Motivated offender, and absence of guardian

A

Routine Activity Theory (Marcus Felson and Lawrence Cohen)

64
Q

Investigating decision making of offenders

A

Rational Choice Theory / Deterrence Theory

65
Q

Research on brain, genetics, and other biological factors

Biological traits – differentiating offenders from nonoffenders

A

Biosocial Criminology

66
Q

Focusing on how the roots of crime can be traced to childhood
Studying how people develop into offenders and how they escape from their lives of crime

A

Life-course theory (Developmental Criminology)

67
Q

formalized rules that prescribe or limit actions

A

laws

68
Q

established body of law common to nation

A

Common Law

69
Q

The doctrine of precedent

A

Stare Decisis

70
Q

Identifying behaviors considered harmful to society, labels those behaviors as crime, and specifying their punishment

A

Substantive criminal law

71
Q

Specifying how crimes are to be investigated and prosecuted

A

Procedural criminal law

72
Q

Written codes which contain criminal law

Enacting: Congress and state legislatures

A

Statutes

73
Q

A continuation of the common-law tradition

Allowing the courts to interpret the law when applying

A

Case Law

74
Q

The rules, orders, decisions, and regulations established by state and federal administrative agencies
FTC, IRS, FDA, EPA

A

Administrative Rules

75
Q

The final arbiters of substantive and procedural law

A

Constitutions, federal and state

76
Q

How many victims of crime per year?

A

20 million

77
Q

U.S. budget to fight crime?

A

200+ billion annually

78
Q

inherently wrong/evil

Major threat to social order

A

Mala in se

79
Q

Wrong because prohibited by statute

Less moral condemnation

A

Mala prohibita

80
Q

most serious, result in 1+year incarceration; death penalty; loss of certain rights

A

fellonies

81
Q

result in less than 1 year incarceration in jails; fines

A

Misdemeanors

82
Q

petty offenses, usually resulting in fines, community service

A

Infractions

83
Q

the body of the crime

Must be established in a court of law

A

Corpus

84
Q

Criminal responsibility limited to an actual act, the planning or attempt to act in violation of law, specific omission to act when law requires action
May also include written or oral expression of certain thoughts

A

Actus Reus

85
Q

(the Latin for “guilty mind”)

Defendant must also have criminal intent to be criminally liable for conduct

A

Mens Rea

86
Q

Degrees of intent

A

Purposely
Acting with conscious deliberation, planning, or anticipation
Knowingly
Being aware of a prohibited conduct or a forbidden result by the conduct
Recklessly
Conscious disregard of a known risk, no conscious intent to harm
Negligently
Being unaware of a risk of harm created by the conduct

87
Q

What 2 things must present before the crime is completed for the act to be prohibited by criminal law?

A

Actus Reus and Mens Rea

88
Q

Defendant admits responsibility, but, under the circumstances, did what was right

A

Justification

89
Q

a lawful manner to defend self/others/property or prevent crime

Degree of force limited to reasonable response to threat

A

Self-defense Justification

90
Q

Choosing between two evils

Person may violate the law out of necessity when she/he believes that the illegal act is required to avoid a greater evil

A

Necessity Justification

91
Q

Defendant claims victim consented to act

Some common law offenses (theft, rape) require clear demonstration of victim’s lack of consent

A

Consent Justification

92
Q

The defendant admits that what she/he did was wrong, but, under the circumstances, she/he was not responsible for the criminal act

A

Excuses

93
Q

Very rare in reality (Raised in less than 1% of criminal cases and only 25 % of those cases found not guilty)

People who are released from criminal charges owing for insanity do not go free, instead are sent to mental hospital

A

Insanity Excuse

94
Q

Standard of Insanity

A

M’NaghtenRule: “right from wrong” test

Irresistible Impulse Test: supplement to M’Naghtenrule

Durham Rule: “mental disease or defect”

Substantial Capacity Test: Model Penal Code

95
Q

Allows jury to find accused guilty and impose punishment of incarceration

Requires prison to provide psychiatric treatment to convicted offender

A

Guilty but mentally ill

96
Q

No criminal intent due to influence of alcohol, narcotics, or drugs

Voluntary vs. involuntary intoxication

A

Intoxication Excuse

97
Q

Defendant encouraged/enticed by agents of the state to engage

Two elements required for defense

Government inducement of the crime

Defendant’s lack of predisposition to engage in the criminal conduct

A

Entrapment Excuse

98
Q

Defendant actually a victim, not a criminal

Engaged in behavior because was coerced by force or threat of unlawful force

A

Duress Excuse

99
Q

Although “ignorance of the law is no excuse”, under some circumstances mistakes may negate intent

Mistake of law –defendant does not know a law exists

Mistake of fact –defendant unknowingly violates law because believes some fact to be true when it is not

A

Mistake Excuse

100
Q

What are legal exemptions for being found not guilty?

A

Double jeopardy, Statute of Limitations, and Age.

101
Q

protects against self-incrimination

A

Fifth Amendment

102
Q

protects against unreasonable search and seizures

A

Fourth Amendment

103
Q

Ensures speedy and fair trial-lawyer & impartial jury

A

Sixth Amendment

104
Q

Protects against cruel and unusual punishments

A

Eighth Amendment

105
Q

Amendment eventually interpreted to mean that Bill of Rights applied to all citizens –states must ensure these rights (used to be that only disputes between federal govt and citizen let you have rights stated in the bill of rights)

A

Fourteenth Ammendment

106
Q

expanded application of due process clause to states

A

Warren Court (1953-1969)

107
Q

Justice Hugo Black called for total incorporation

Justice Felix Frankfurter argued for selective incorporation

A

In 1947 in Adamson v. California

Criminal Justice 101 (4 decks)

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