Exam 2 Flashcards
vigilantism
The use of volunteer. self-appointed committees organized to suppress crime and punish criminals
Miranda warning
Notifs that police must give suspects about their rights prior to beginning custodial interrogation
Frankpledge System
local families are responsible for maintaining peace in their area
Watch system
Particular men were assigned to be watchmen
Fragmentation
Lack of coordination among law enforcement region due to the existence of many small departments
Training
States have special training academies
Demographics of Candidates
greatest disparity is in gender, Long history of discrimination against African Americans
The Fourth Amendment
Protects residents from unreasonable “searches and seizures”. It does not limit the actions of private individuals and companies (must be working for the government)
Police Subculture
set of norms and beliefs held by most officers in a given country
Use of Force
Array of coercive actions, from control holds to deadly force
Use of force continuum
A training aid depicting the appropriate amount of force a law enforcement agent may use in particular kinds of situations
The 4th Amendment
Protects residents from unreasonable “searches and seizures”. It does not limit the actions of private individuals and companies (must be working for the government)
Police discretion
High degree of discretion that allows them to act in the manner they judge more appropriate in a given situation
~limits upon police discretion, highest limits in use of force
Victims and the use of discretion
Greatest influence on the decision to arrest is the victims or complaints preference for arrest
Federal Law Enforcement Agencies
deals with violations of federal statutes
State Law Enforcement Agencies
Police departments, smaller urban areas & more people , respond to violations of the state penal codes & local ordinances
Abuse of Authority
extremely harmful to a law enforcement agency; occurs when police disregard polices, rules or laws in the performance of their duties
Police Corruption
misconduct motivated by personal gain such as skimming seized narcotic monies
Policing Roles
3 policing roles: Maintaining order, enforcing the law, providing services
Enforcing the Law
when arrest when needed
Providing service
Non emergency police work-non law enforcement duties performed by police officers on as a needed basis
Problem oriented policing
discovered in late 1960, SARA ( Scanning, Analysis, Response, and Assessment)
Scanning
Identifies the problem
Analysis
anything that may be causing or influencing the problem
Response
participants think creatively about ways to solve the problem
Assessment
during which officers determine whether the program was put into effect as intended and whether the goals were met
Zero tolerance policy
police focus on minor public order offense that affect resident quality of life
Broken Windows theory
relationship between the deterioration of a neighborhood and higher crimes rate
Patrol Officers
uniformed police officers assigned to specific regions perform bulk of police work
Follow up investigation
occurs after a patrol officer documents the facts of a crime
Enforcing traffic laws
Policing are primary agency in charge of enforcement of traffic laws; automobiles are used in crimes
Enforcing traffic laws
policing are primary agency in charge of enforcement of Law
Custody
incarceration of persons either accused or convicted of a crime
Forensics
applying science to investigation; methods to criminal & civil investigation & legal procedures, including criminal trails
Span of Control
the extent of an individuals authority
deployment of police resources
factors affecting how police resources are allocated
Public Opinion
CJ system as a whole garners less support
Search
Must be done by a government official, the person being searched must have a reasonable expectation of privacy.
Seizure
The action of capturing someone or something using force. Must be done by a government agent, and the person must feel like they’re not reasonably free to leave (high-speed chase). If you can leave it is not a seizure
search warrants
Needed to conduct a search
Terry stop/Stop and frisk
The police with reasonable suspicion, briefly detain a person, question him, require him to show to identification, and frisk him or pat him down for weapons.
automobile searches
Almost never need a warrant to search to a car, just probable cause
Exclusionary rule
Police cannot use this evidence in court if violating the 4th 5th or 6th amendment (only applies to criminal offenses)
Good-faith exception
Exception to the exclusionary rule allowing illegally attained evidence to be used if officers relied on good faith on an invalid warrant
The fifth amendment
Right to remain silent, a confession is not valid if it is not voluntary
Fruit of the poisonous tree
Another name for the derivative evidence rule which excludes evidence derived from an illegal search or seizure
Inevitable discovery exception
Exception to the exclusionary rule allowing illegally obtained evidence to be admissible if police would have discovered it anyway had they used proper procedures
Probable cause
Reasonable grounds that allows for a warrant/police to make an arrest
Kin policing
Law enforcement power in the people’s hands, they’re responsible for their own family
Attenuation
Exception to the exclusionary rule that applies when the link between the unconstitutional acts and the evidence becomes weak due to intervening time or events
chain of command
The line of authority that extends throughout the organization
Sheriffs offices
Tend to serve larger, more rural areas with fewer people
Police departments
Serve smaller, urban areas with more people
Sworn personnel
Those entrusted with arrest powers and are usually referred to as peace officers in the statutes conferring such powers
Preventive patrol
Officers randomly patrol a neighborhood
Broken windows theory
If a neighborhood looks run-down, crime is more likely
The Sixth Amendment
The right to refuse to testify
Pursuits
Begin when a law enforcement officer signals a driver to stop and they refuse to
Dual arrest
Officer arrests both parties in a physical altercation instead of identifying/arresting the primary aggressor
Appeals
No jury here. Each side files a brief. In appellate courts the purpose is to decide whether a mistake was made or whether a constitutional right was violated
district attorney
Lawyer who prosecutes criminal cases at the local level
Prosecutorial discretion
Prosecutor’s power to decide when to bring criminal charges and which charges to bring
Defense attorney
Lawyer who represents the defendant in a criminal case
Attorney-client privilege
The right of a person to prevent the government from asking his lawyer to provide evidence of the content of discussions
petit jury
Small groups of citizens who determine whether a criminal defendant is guilty of the crime with which he is charged
Grand jury
Panel of citizens who may investigate certain crimes and determine whether sufficient evidence exists to bring a defendant to trial
Venire
Group of people called to be prospective jurors
Lay witnesses
Heard or saw something firsthand directly related to the crime
Expert witnesses
Have some special knowledge that can help the triers of fact decide a case
Voir dire
Process by which biased jurors are excused from the pool
Peremptory challenges
An attorney’s removal of a prospective juror she feels will not be sympathetic to her side of the case
Prosecutors
Exist at federal, state, and local level, (who brings the charges)
Affadavit
a written statement confirmed by oath or affirmation, for use as evidence in court.
Decentralization of command
The fanning out of substations in various areas so the police maintain a physical presence throughout the community
