Exam 2 Flashcards
blacklivesmatter
the movement has sought to highlight the abuse that the Black public faces from the police on an almost daily basis; police violence against blacks was out of control
active policing
preventing crime from occurring; being present and actively preventing crime from occurring
- ex. bait cars
adversarial system
two sides fight it out to obtain justice; believes the best way to determine punishment is to have 2 sides fight about it (judge just oversees the trial)
Appearance of Impropriety
making choices that question someone’s ethical reasoning (ex. police should mooch off of restaurants that give them a discount)
Gideon v Wainwright
established everyone charged of a crime has the right to an attorney
August Vollmer
head of police professionalism movement
Authoritarian Personality
Individuals whose identity is based on ensuring the obedience and submission of everybody else they encounter, who feel a need to dominate anybody who fails to respect their authority.
Bad Apples
The theory that only a few deviant police officers cause the rest of American police to get a bad reputation.
Bench Trial
A trial where the judge is both the finder of law and the finder of fact.
Biometrics
idea that we want organized info on criminals (mug shots, fingerprints) put into a system for all police to have access to
Blue Wall of Silence
The informal code among police officers that prevents them from reporting on abusive behaviors from their fellow officers
Bow street runners
included six paid constables to patrol the streets of London; first official police system in London
broken window policing
removing social ques criminals search for to decrease crime; idea by Mayor of NYC (idea that keeping the city clean and tidy would decrease crime)
civil forfeiture
The police practice of seizing goods that they believe are associated with criminal activity.
civilian review board
Government committees that are tasked with keeping an eye on police behavior and handling complaints from the public.
community policing
Attempts to break down barriers between the community and the police.
consent decree
agreement between the federal government and local police that police will change their practices; the court monitors them
courtroom work group
prosecutor/defense and judge meet in the judge’s chamber to decide on possible plea bargains
cryonism
government officials owe first loyalty to political masters, not the people (serve political elite above citizens)
cult of the blue
public idea that police are noble public servants that we shouldn’t criticize; we should always trust them because they protect us
dirty harry problem
The problem that the public often wants police officers to catch people who commit crimes and often approves of illegal means for doing so.
DWB
driving while black, a slang term that refers to the racial profiling of black drivers
entrapment
tricking or luring someone into committing a crime; a fine line between creating a circumstance where someone could commit a crime and causing someone who wasn’t going to commit a crime to commit one
epistemological function
figuring out the truth
excessive force
The use of too much force by the police or the use of force unnecessarily.
exclusionary rule
any evidence gathered without a warrant is thrown out in court
finder of fact/law
The person or group that determines the guilt or innocence of a defendant; usually the jury (fact)
The person at the trial who is officially authorized to determine what the law says (law)
formal policing
formally involves bureaucracy
Frank Serpico
NYPD detective that would accept corrupt money from the police department, they set him up and tried to get him killed so he wouldn’t expose them (they failed and he told the NY Times)
Frankpledge System
Policing system in medieval Europe relied on locals to police each other; 10 men would be on guard for the night
fruit of the poisoned tree
The principle that if evidence is gathered unlawfully, then any evidence that is gathered as a result of this evidence is not admissible in court.
grass eaters
Corrupt officers who accept bribes if they are offered to them but do not actively seek bribes.
hard hands
beating you, punching you, or use of batons; not lethal but more damage than soft hands
slave patrols
The slave patrols consisted of citizens who regulated the activity of slaves as their civic obligation for pay, rewards, or exemption from other duties
homeland security
The transformation of policing after the September 11, 2001, attacks; Includes a greater emphasis on fighting terrorism and a militarization of local police forces, more detailed organizations
informal policing
happens outside of bureaucracy, no paperwork or hearings, police give warnings (ex. in small towns, police tell parents to punish kids instead of arresting them)
inquisitorial system
neutral judge goes out and gathers evidence to bring to court, judges ask questions and are actively involved in the trial (English system)
- the judge is the legal expert and jury
J. Edgar Hoover
director of the FBI who wanted to raise their status deliberately used mass media to promote the FBI (would hype up criminals, then catch them to make the FBI look cool)
Knapp Commission
An investigative body created in the wake of Frank Serpico’s revelations regarding corruption in the NYPD; monitors officers and corruption
LTL Force
less than lethal force; soft or hard hands (tasers, punching, etc.)
Mann Act
made it a crime to transport any woman across state lines for immoral reasons (ex. prostitution, molestation); wanted to keep women under control and prevent men from manipulating them
Mapp vs Ohio
A case in which the Court decided that evidence obtained illegally may not be used against someone in a court of law by the Fourth Amendment
Meat Eaters
Officers who actively seek money or other bribes while on duty.
Michael Nifong
an American former attorney and convicted criminal.[2] He served as the district attorney for Durham County, North Carolina until he was removed, disbarred, and jailed following court findings concerning his conduct in the Duke lacrosse case, primarily his conspiring with the DNA lab director to withhold exculpatory DNA evidence that could have acquitted the defendants
Minneapolis Domestic Violence Experiment
A study that investigated the impact of police discretion on domestic violence
Miranda v. Arizona
led to Miranda rights; require you to be informed of your rights upon arrest; testimony without Miranda rights is excluded from the record
Mooching
The act of taking small-scale gifts offered by citizens to officers.
Net Widening
In this context, the use of nonlethal force by officers in situations where they may not otherwise resort to force
Officer Burnout
officers get tired of people lying or being hostile toward them (sick of dealing with people), so sometimes they deviate
Open Fields Doctrine
The principle is that officers do not need the warrant to search what is in an open field; if police are in a helicopter and sweep over a neighborhood, it is not illegal for them to do that
Passive Policing
reactive policing; responding to a crime and investigating it BUT not preventing it (ex. detective work)
- this occurs after the crime has happened
Peel Act
The British law created the London Metropolitan Police in 1829.
Plain View Doctrine
The principle that officers do not need a warrant to search what is in plain view
Police Deviance
involve things like excessive force, police brutality, and racial profiling—misconduct that is committed because officers believe that it is necessary for them to do their jobs, rather than being committed out of self-interest.
Police Discretion
police don’t need to do anything; they decide what your punishment will be (ex. they can give you a ticket or just a warning)
Police Professionalism
people wanted police to have higher status than a job, more respect, and encouraged scientific policing
pretextual stop
A practice where officers find an excuse, usually a minor infraction, to stop a driver so officers can look inside the individual’s car or check to see if the driver is intoxicated or has outstanding warrants.
pro bono
legal work that is done without charge
probable cause
The standard of evidence needed to obtain a search warrant or search a car. Probable cause involves a reasonable belief based on evidence that a crime has occurred
prosecutorial discretion
The authority that officers have to charge or not charge a person with a crime and to determine what the precise charges against a defendant will be
protective sweep
a search done by the police in order to ensure their safety
public defender
a lawyer employed at public expense in a criminal trial to represent a defendant who is unable to afford legal assistance
qualified immunity
A doctrine that protects police officers from being sued by civilians unless they have violated a clearly established law or constitutional right
public enemies
menace to society / a notorious wanted criminal
quid pro quo
Literally “this for that.” The form of corruption in which officers explicitly trade favors for goods or services
racial profiling
Targeting an individual for searches or arrests based on her race
reasonable suspicion
A lower standard of proof than probable cause. Requires a suspicion based on facts
Riley v. California
generally police must first obtain a warrant before searching an arrested person’s cellphone.
Shakedown
Threats from officers to arrest suspected lawbreakers unless they pay the officers a bribe
shopkeeper’s privlege
A common law legal principle that allows store owners to detain individuals suspected of shoplifting
soft hands
one hand grabbing, wrist holds LTL (less than lethal) measures; ex. pepper spray and tasers
special needs searchers
Searches that can be conducted without probable cause or a warrant. Include border searches and airport security searches
sting operations
trying to actively prevent crime (ex. undercover police)
stop and frisk
a policy that permits a police officer to momentarily detain and pat down or search a person suspected of criminal activity, especially when suspected of concealing a weapon
Tennessee v. Garner
the U.S. Supreme Court struck down a Tennessee statute that permitted police to use deadly force against a suspected felon fleeing arrest
Terry v. Ohio
led to the Terry stop (when an officer stops a person and doesn’t need probable cause to search someone, they need reasonable suspicion)
U.S. Attorney’s
officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts; chief federal law enforcement officer in their district
unconscious bias
we all have biases that don’t process consciously
urbanization
refers to the population shift from rural to urban areas, the corresponding decrease in the proportion of people living in rural areas
use of force continuum
rules of engagement for law enforcement; scale of force that determines how much force a police officer should use
Volstead Act
banned selling of alcohol, women could vote and they wanted to decrease domestic violence so they thought keeping husbands from drinking would help, income tax began
Wickersham Commission
focused its investigations almost entirely on the widespread violations of national alcohol prohibition to study and recommend changes to the Eighteenth Amendment and to observe police practices in the states.
flaking
police officers plant evidence on people/in their cars to be able to arrest/hold them; related to racial profiling
Truth and Reconciliation Commission
a commission tasked with discovering and revealing past wrongdoing by a government; wanted to hold police accountable for their ties with the community
