Exam 2 Flashcards
What is the determining element for entrapment?
“Enducing a trap” Getting someone to commit a crime. Enducement, coached him to do it
What is a shire and the “shire reeve”?
A shire is a county (which several hundreds formed), which was controlled by the “shire reeve”, the Sheriff
Under the history of the law enforcement, what was the pledge system?
Neighbors had to protect their neighbors, everyone was responsible for each others safety since there was no regular or organized police
What were tithings?
Tithings were villages grouped into collectives of 10 families
What are hundreds?
10 tithings formed a hundred, a town
What are the elements if you claim self defense?
1) The danger to the individual must be immediate
2) The individual is obligated to look for alternative means of avoiding the danger such as escape, retreat, or calling for assistance
Which amendment protects us from double jeopardy?
5th amendment- protects against reprosecution of an individual for the same offense by the same jurisdiction
Which amendment protects us from self-incrimination?
5th Amendment- protects a person from being compelled to incriminate oneself
Which amendment do we use to incorporate the Bill of Rights to states?
14th Amendment- incorporates bill of rights to states
What are bills of attainder?
Forbids legislative acts that inflict punishment without a judicial trial
What are ex post facto laws?
“After the fact” laws
What is stare decisis?
“Let the decision stand” Judge following precedent (allows stability + predictability regarding social control)
During common law, at what age was a child not capable of committing a crime?
There was a mandatory presumption, a child under 7 years of age could not commit a crime.
What is civil law?
Controls personal relationships between individuals (torts, property + contract) “restitution paid to person”
What is criminal law?
Controls public relationships between individuals and their gov’t “restitution paid to state”
What is common law?
Early english law developed by judges that incorporated Angl-saxton tribal customs, feudal rules & practices, and every day rules of behavior from local villages
What are the main objectives of criminal law v. civil law?
Criminal law is to protect the gov’t from crimes committed by people, civil law is to protect relations between individuals
What is mens rea?
The mental element “intent” (criminal state of mind)
What is actus reus?
The physical element “evil or forbidden act”
What is Corpus Delicit?
“Body of the crime”
1) Mens rea
2) Actus Reus
3) And a causal relationship between the “intent” and the “physical act or element”
What is substantive criminal law?
A body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct.
What is procedural criminal law?
The way the substantive component of law is enforced (ex. the laws of arrest, search + seizure)
What is a tort?
Private wrongs for which you can sue the party wronged you and recover money
What is due process?
The 5th + 14th Amendments ensure that all laws (federal + state) are reasonable and applied in a fair + equal manner. Basic requirements are notice and an opportunity to be heard
What is Mc’Naughten rule (insanity test)?
Person is basically insane if he/she is unable to distinguish between “right or wrong” as a result of some mental disability
What is Irresistable Impulse test?
Mental disease makes it impossible to control personal conduct in addition, people may be able to distinguish between right or wrong but unable to exercise self-control because of a mental condition.
What is the substantial capacity test?
(CT uses) Insanity should be defined as a lack of substantial capacity to control one’s behavior. Substantial capacity is defined as “the mental capacity needed to understand the wrongfulness of [an] act”
What is a felony?
A more serious offense that carries a penalty of incarceration in a state prison, usually for one year or more.
What is a misdemeanor?
A minor crime usually punished by less than one year’s imprisonment in a local institution, such as a county jail.
What is a strict liability crime?
Illegal act whose elements do not contain the need for intent, or mens rea; usually, an act that endangers the public welfare, such as illegal dumping of toxic wastes.
What is the Durham rule?
Or “product test” that states that “an accused is not criminally responsible if her unlawful act was the product of mental disease or defect.”
What was a hue and cry?
In medieval England, a call for assistance. The policy of self-help that prevailed in villages demanded that everyone respond if a citizen raised a hue and cry to get their aid.
Who was Sir Robert Peel?
He lobbied English Parliment to create and support the “Metropolitan Police Act”, first organized police force
Who was August Volmer?
The most famous police reformer in the late 1800s, he instituted university training for young officers and helped develop the School of Criminology at the Univ. of Cali at Berkley
Who was O.W. Wilson?
Pioneered the use of advanced training for officers and was instrumental in applying modern management and administrative techniques to policing.
Who was J. Edgar Hoover?
The first director of the Federal Bureau of Investigations (FBI), credited with building the FBI into a larger crime-fighting agency, and with instituting a number of modernizations to police technology
What was the sheriffs “fee system”?
Sheriffs received a fixed amount for every arrest made. Tax-collecting chores were more lucrative than fighting crime, so law enforcement was not one of their primary concerns.
What was the first formal police dept. established in America?
Boston created the first formal dept. Then N.Y., then Philadelphia.
During the 19th century, police promotions were usually based on what?
Politics, an individual with right connections could be hired despite a lack of qualifications
The 1st technological breakthrough in police operations came in what area?
The area of communications, the first telegraph police boxes were installed
In Boston, how did the 1919 strike end?
Public support turned against the police, and the strike was broken. Eventually, all the striking officers were fired and replaced by new recruits.
What did the International Association of Chiefs of Police do? What reform did they create?
The IACP created a civil service police force and for removing political influence and control. They created a police reform.
The LEAA was funded by what agency?
The LEAA was established by the Omnibus Crime Control and Safe Streets Act of 1968. It devoted a significant portion of its funds to police agencies
What is the most common + largest type of police agency?
Metropolitan and Federal Law Enforcement agency
What is the smallest + least common agency?
County law enforcement agency
Who heads the U.S. Dept of justice?
The attorney general
During the 1960s, which Supreme Court restricted police activities?
USSC, Miranda v. Arizona, created rights, In Mapp v. Ohio, the exclusionary rule was created
What are the 3 technical areas used in challenging a search?
1) Issue of unreasonableness
2) Lack of probable cause
3) Lack of particularity
What is probable cause?
The evidentiary criterion necessary to make an arrest or the issuance of a search warrant. Less than absolute certainty or “beyond a reasonable doubt” but greater than mere suspicion, “hunch”
What amendment protects unreasonable search and seizure?
4th Amendment
What is hearsay?
Testimony that is not firsthand but instead told by a second party
What is the exclusionary rule?
Any evidence obtained illegally (physical, documentary, or testimonial) can not be used in court
What was Mapp convicted of?
Possession of obscene materials
What was Escobedo v. Illinois about?
During several hours of interrogation, police denied defendants request to see attorney. USSC held that criminal suspects have a right to counsel during interrogations under the 6th Amendment
What was Weeks v. U.S. about?
Police went into weeks home after he was arrested for using the mail to transport lottery tickets. The warrantless seizure of documents from a private home violated the 4th Amendment.
What was Florida v. Bostick about?
The search of a person on a bus w/out suspicion is reasonable if the person felt free to decline the officers’ request for a search.
What was U.S. v. Ross?
Based on legal standard of probable cause “prior to search” in a car
What was Chimmel v. Cali?
Scope of warrant less search, arms reach theory created
What was Carrol v. U.S.?
Cited distinctions between searching a car, person, a home. The warrant less search of a car does not violate the Constitution.
