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Criminal Justice > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

3 Levels of California State Courts

A
  1. Trial Courts(Superior Court): 58 Counties=58 Trial courts; adversarial court
  2. Courts of Appeal
  3. Supreme Court
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2
Q

5 Actions of our Superior Courts

A
  1. Conduct Arraignments
  2. Set Bail
  3. Take Pleas
  4. Conduct Trials
  5. Imposes Sentence (if guilty)
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3
Q

California’s Superior (trial) Courts include

A
  1. Family Court
  2. Juvenile
  3. Criminal
  4. Small Claims
  5. Traffic
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4
Q

Give an example of a Family Court matter.

A

Restraining Order, etc can be worked out in family court.

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5
Q

What are the three types of Juvenile Court cases?

A
  1. Deliquency cases: smash a window of car
  2. Status Offenses: illegal because of age (truancy, run away, etc)
  3. Dependency cases: have no parent or gaurdian to care for them
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6
Q

What occurs at Small Claims Court?

A

-Usually about money damages (doesn’t return lawn mower or do small job they were paid to do, etc.

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7
Q

How many average tickets are issued in CA?

A

~5 million avg.

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8
Q

What are the 3 levels of severity in crime?

A

Infraction (fine): speeding, running stop light, $162 for texting while driving
Misdemeanor: DUI; up to 6 months in county & suspension of license.
Felony

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9
Q

Where is there the largest court system and when did the first court system appear?

A
  • California has largest court system

- 1629 Massachusetts

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10
Q

4 Areas of Family Court

A
  1. Divorce: Sometimes people hire to assassinate spouse
  2. Child Custody: Usually can’t go out of state due to injustice; most judges rule w/ females
  3. Child Support: Support based on income level
  4. Domestic Violence: Misdemeanor is committed w/ restraining order related cases
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11
Q

The request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it.

A

Appeal

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12
Q

What are characteristics of the Court of Appeals?

A
  • Attorney takes care of things; no new trial; just review paperwork and look back at previous trial proceedings
  • Won’t deal w/ death penalty (supreme court’s job)
  • 6 different appellic courts
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13
Q

List more at least two facts of the Court of Appeals

A
  • Appeal has to be accepted
  • Doesn’t conduct new trial
  • May allow brief oral arguments by attorneys
  • Case may be affirmed, reversed and remanded to lower court
  • Recourse may be found at the State Supreme Court level
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14
Q

What are some Supreme Court Justice Facts?

A
  • Members are appointed by the governor
  • 10 years of experience in law required
  • Serve 12 year terms
  • Each justice has staff of 5 attorneys and a secretary
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15
Q

4 Traditional Sentencing Options

A
  1. Fines
  2. Imprisonment
  3. Probation
  4. Death Penalty
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16
Q

5 Goals of Contemporary Sentencing

A
  1. Retribution
  2. Incapacitation
  3. Deterrence
  4. Rehabilitation
  5. Restoration
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17
Q

Act of taking revenge upon a criminal perpetrator.

A

Retribution

Usually not effective; “eye for an eye”; only works for satisfaction

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18
Q

Use of imprisonment to reduce or prevent future crimes.
(Can be very effective; we don’t use prison system effectively however; new technology: electronic containment, ankle bracelet, chemical castration)

A

Incapacitation

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19
Q

Uses punishment as an example to convince people that criminal activity is not worthwhile.

A

Deterrence

Only works for lower level crimes; doesn’t work for homicide; ex: Death penalty for speeding or rape

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20
Q

What is Rehabilitation?

A

Attempt to reform a criminal offender.

90% majority of people not rehabable; doesn’t work for most part

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21
Q

Attempt to make the victim whole again.

A

Restoration
(Reification: offender once apprehended is put face to face w/ victim making offender know he made a victim; works in most but not all occasions; excludes homicide, rape, & child molesting cases; ex: best friend of dad not put in jail but must assume father figure financially for left behind child.

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22
Q

The use of general and unspecified (range of) sentences.

A

Indeterminate Sentencing

  • Biased
  • Minorites tend to have longer sentences
  • Ex: One criminal gets 12 yrs while another gets 5 yrs for same crime
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23
Q

An offender is given a fixed term that may also be reduced by good time.

A

Determinate Sentencing

More aquitable- EX: 5 yrs for all occurances of same crime but can be reduced

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24
Q

A structured sentencing theme that allows no leeway in the nature of the sentence required.

A

Mandatory Sentencing

Ex: CA’s 3 strikes law - 25 years if you committed same crime twice before already

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25
Q

8 Contributing Factors to Sentencing

A
  1. Whether offender committed crime out of need for money, for thrill, revenge, or just because
  2. How much harm offender intended
  3. How much victim contributed to their own victimization
  4. Extent of damages inflicted
  5. Mental state of offender
  6. Likelihood of successful rehabilitation
  7. Degree of offenders cooperation
  8. Other individual factors
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26
Q

A sentence of imprisonment that is suspended by a limited freedom granted by a judicial officer as long as the person meets certain conditions of behavior.

A

Probation

Alt to Jail

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27
Q

How many people are on probation?

A
  • 30 to 60% sent to probation
  • 1980: 1 Million people
  • 2010: 3 Million
  • 1/4 Chance of probation
  • 3% of homicide convicts allowed probation
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28
Q

What are the two types of probation?

A

General and Specific

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29
Q

What are the conditions of General Probation?

A

-Obey all laws
-Maintain employment
-Remain in jurisdiction of court
-Possess no firearm
-Allow probation officer to visit home and work (no warrant needed)
(Applies to ALL probating pp)

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30
Q

What are the conditions of Specific Probation?

A

-Drivers license suspension (DUI)
-Submit to warrantless searches
-No drug involvement
-Supply breath, blood or urine upon demand
-Complete community service hours
-Avoid association with certain individuals
(Just specific to crime committed)

31
Q

What are the CDC Ranking of prisoners?

A 
Lvl 5: Secure Housing Unit (SHU)
Lvl 4: Max Risk
Lvl 3: Med to High
Lvl 2: Med to Low
Lvl 1: Low (Ex: Cal Poly Prison - Men's Colony)
32
Q

How many prison systems are in the CDCR?

A

33

33
Q

What are the population stats in the state prisons?

A 
White = 25%
Hispanic = 40%
Black = 30%
Other = 15%
Males = 150, 000
Females = 10,000
34
Q

How much does it cost to run prison system?

A

Over $8 billion budget

35
Q

How many people work in correctional system?

A

~ 6,000

30,000 Correctional Officers

36
Q

The status of an offender conditionally released from a prison by discretion of a paroling authority prior to expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.

A

Parole

State level job

37
Q

How many parolees sucessfully complete program?

A

1/2 of parolees
25% break some type of law and return back to jail
12% commit a new crime

38
Q

What does CDCR stand for?

A

California Department of Corrections and Rehabilitation

39
Q

What does CO state for?

A

Correctional Officer

-About 10 yrs to become parole officer

40
Q

What are the top funded systems in the state?

A

Education and Corrections

41
Q

What are the advantages of probation/parole?

A
  1. Lower Cost
  2. Increased Employment (5 cents/ hr making license plates)
  3. Restitution (they can pay restitution)
  4. Community Support
  5. Reduced Risk of Criminal Socialization (“school of crime”; Go in car thief, come out as armed robber)
  6. Increased Use of Community Services (Counseling)
  7. Increased Opportunity for Rehabilitation (Can avoid going back to jail by rehabilitation)
42
Q

What is the cost of an inmate?

A

~ $44,000 per inmate annually

43
Q

What are 3 disadvantages of parole/probation?

A
  1. Relative Lack of Punishment
  2. Increased Risk to Community
  3. Increased Social Costs
44
Q

What are 4 Parole/Probation Officer Functions?

A
  1. Pre-sentence Investigations (Offender’s background is checked
  2. Intake Procedures (Issues with taking in Juvenile
  3. Needs Assessment and Diagnosis
  4. Supervision of Offender (Probation officers lessened so greater work load for police officers)
45
Q

What are 6 Categories of Children in the Juvenile Justice System?

A
  1. Delinquent Children (Criminal law violators)
  2. Undisciplined (Beyond parental control; refusal to obey legitimate authorities)
  3. Dependent (Have no parents to care for them/were abandoned or placed in adoption illegally)
  4. Abused (Suffer physical, emotional, sexual abuse)
  5. Neglected (Improper care; malnurished; no adequate shelter; improper upbringing)
  6. Status Offenders (Violate laws written only for them such as truancy, vagrancy, run away)
46
Q

What are 6 Juvenile Problems?

A
  1. Drug/Alcohol Abuse (MDMA has surpassed coke)
  2. Violence
  3. Gangs
  4. Runaways
  5. Sexual Abuse (Technology increased against child sex abuse)
  6. Teen Suicide
47
Q

Juvenile Drug/Alcohol Stats

A
  • > 1/2 HS grads have tried illegal drugs
  • 15% HS Seniors drink at least 1 drink every other day
  • 1/4 HS miss school ‘cos of Alcohol
  • 25% engage in high risk drinking activity
  • Weed #1; legalized in WA and CO
48
Q

Juvenile Violence Stats

A
  • > 800 Homicides/yr by juveniles
  • 3rd leading death for 11-14 yo
  • 2nd leading death for 15-24 yo
  • 32% victims are females; 44% black
  • 62% killed w/ firearm
  • 15% stranger murders
49
Q

Give me at least 2 Gang Member Facts.

A
  1. likely to be involved in organized drug dealing
  2. come from a dysfunctional family
  3. less likely to complete HS
  4. more likely to be predatory
  5. avg joining age 12.8 yo
  6. over half have tried to quit gang
  7. 2/3 of gangs have written rules
  8. nearly 30% require members to pay dues
  9. over half recruited by other members
  10. over 3/4 said they’d leave gang if they could start over
  11. 80% of gang members have sold crack coke
  12. 70% of gangs racially mixed
  13. 1/3 of members parents don’t know they’re in gang
  14. 40% of members know male gang members who have committed rape
50
Q

How many gangs are in the US?

A 
26,000; 1Million members
Hispanics 47%
Blacks 31%
Whites 13%
Asian 7%
Other 2%
51
Q

How many missing kids are reported?

A

2 million missing kids/runaways

52
Q

How many kids leave home because of beatings?

A

1/2 because of beatings

1/2 because of sexual abuse

53
Q

What does NCIC stand for?

A

National Crime Information Center: When missing kids are found, NCIC is contacted first, not parents/gaudians

54
Q

Name 5 Juvenile Stressors

A
  1. Drugs
  2. Peer Pressure
  3. Parental Pressure to Succeed
  4. Abuse
  5. Violent and Broken Homes
55
Q

What does OPM mean?

A

Office Personnel Management: For Federal Jobs

USAJOBS.gov

56
Q

What determines rate of base pay?

A

Location and years of experience change rate of base pay

57
Q

What is the ATF?

A

Alcohol Tobacco Firearms
Duties: Enforce ATF regulations and investigate any violations; These include investigations involving explosives, both conventional and incendiary weapons.
Academy: Federal Law Enforcement Training Center (FLETC)
Salary: GS 5/7/9
Qualifications: Bachelor Degree
Hiring Process: atf.gov

58
Q

What is the U.S. Secret Service?

A

Duties: Protection and Investigations; Initial #1 priority was conterfeiting
Academy: 11 Weeks @ FLETC + 11 Weeks in ML
Salary: GS 5/7/9 + Law Enforcement Availability Pay (LEAP) 25% Increase
Qualifications: 21-37, VCH (NATURAL Vision Color Hearing), Bachelor Degree, Excellent Health & Physical Condition
Hiring Process: secretservice.gov

59
Q

Where are the two locations of FLETC?

A

Glynco, Georgia & Artesia, New Mexico

60
Q

What is an IRS investigator?

A

Internal Revenue Service
Duties: Criminal Investigations involving financial crimes and tax fraud
Academy: 26 weeks at FLETC
Salary: GS 5/7/9
Qualifications: Bachelors Degree w/ 24 Semester hours accounting
Hiring Process: jobs.irs.gov

61
Q

What is a DEA Special Agent?

A

Duties: Conduct drug investigations (even undercover operations)/ mondey laundering operations/arrest suspects & prepare for court testimony
Academy: Quantico, Virgina
Salary: GS:7
Qualifications: 21-36, DL, Top Secret Clearance, VCH, Bachelor Degree 2.95 gpa
Hiring Process: justice.gov

62
Q

What is a FBI Special Agent?

A

Federal Bureau of Investigation

Duties: Criminal Investigation
Academy: 16 Weeks in Quantico, Virginia learning investigative skills, defensive tactics, firearms, physical fitness and practical exercises.
Salary: GS 10/12
Qualifications: Bachelors Degree*, 23-37, DL, VHC, 4 year degree (Critical skills needed now -Computer Science/Engineering/Physical Sciences/Foreign Language) also looking for Counter-terrorism or military intelligence skills
Hiring Process: fbi.gov

63
Q

What is the US Deputy Marshal?

A

Duties: Transport prisoners/ Court security/Protect juries and witnesses/serve warrants/enforce court orders involving civil disturbances and terrorism
Academy: 10 weeks @ FLETC in Glynco, GA
Salary: GS 5/7
Qualifications: 21-36, VCH, Bachelor Degree or 3 years experience, DL
Hiring Process: usmarshals.gov

64
Q

What is an ICE Special Agent?

A

Immigrations & Customs Enforcement (Former INS: Immigration National …?)
Criminal investigator or Border Patrol

Duties: Plan and conduct investigations on immigration violations/ undercover work/ arrest suspects/ document cases for court testimony/ enforce US coe
Academy: 21 Weeks @ FLETC
Salary: GS 5 to GS 12 Level
Qualifications: Under 37
Hiring Process: ice.gov
65
Q

What are the different Federal Police Officers?

A

TSA (Transportation Security Administration)
DOT (Dept of Treasury)
DOD (Dept of Defense)
DOJ (Dept of Justice)

Duties: All police duties similar to Sheriff/City Police Officer Positions
Academy: FLETC varied training timeline according to Department
Salary: GS 5/6/7 Level
Qualifications: 1 yr specialized experience or bachelor degree in Criminal Justice
Hiring Process: usajobs.gov, Background Investigation (even credit check) and KSA’s

66
Q

What is CHP?

A

California Highway Patrol

Duties: Traffic Enforcement & Highway Safety
Academy: 28 weeks in Sacramento
Qualifications: 20-35, VC exam, HS education no felonies
Hiring Process: chp.ca.gov

67
Q

What does spb.ca.gov stand for?

A

State Personnel Board

68
Q

What is the CA State Investigator I?

A

Duties: ABC/DMV (GTA cases, etc)/ EDD(Employment Development Department)/ DOI (Dept of Insurance)/ DHS (Dept of Health/Safety)/ CSL (Cali State Lottery)/ DCA (Dept of Consumer Affairs: Someone charging illegally high for car parts)
Academy: Yuba City/ SoCal - Golden West Academy in Huntington Beach
Salary: Range 1 $47,000
Qualifications: Bachelor Degree in CRJ field/ or other major & minor in CRJ
Hiring proces: spb.ca.gov

69
Q

What are more CA State Special Agents?

A

Duties: BNE (Bureau of Narcotics Enforcement)/ MediCal Fraud
Academy: Varies around 17 weeks for trainee
Salary: $45,000
Qualifications: Bachelors degree in CRJ field or other major/minor in CRJ
Hiring process: spb.ca.gov

70
Q

What is the Sac County Deputy Sheriff?

A 
Duties: Law Enforcement & Corrections
Academy: 24 Weeks
Salary $61,000
Qualifications: HS Diploma or GED/ 18 yo/ no felony convictions/ DL/ Drug test/ Voice Stress/ Medical/ psych/ agility/ written/ oral/ background
Hiring Process: sacsheriff.com
71
Q

What are some military agencies?

A

DOD

  • CID defective (Criminal Investigation Division)=Army
  • OSI (Office of Special Investigations) = Airforce
  • NCIS (Naval Criminal Investigative Service) =Navy
  • FPS (Federal Protective Service) = in charge of secure government property in cities, etc; EX: Riot control by ed buildings & mint places
72
Q

What is the Sacramento Police Officer?

A 
Duties: Law Enforcement
Academy: 23 Weeks
Salary: $50,000
Qualifications: 60 College semester units/ 21 yo/ live within 35 mi of city and other SO requirements
Hiring process: sacpd.org
73
Q

What are the steps to become SACPD?

A 
Apply
Physical Agility Test (Obstacle Course)
Written Test (May be basic Engl/Math)
Oral Board (Ask scenario test)
Psych Test
Voice Stress

Criminal Justice (2 decks)

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